Delhi High Court - Orders
Cox And Kings Global Services Pvt. Ltd vs Union Of India on 4 March, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:06.03.2021
17:20:07
$~19 & 20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5052/2020 & CM APPL. 18230/2020
COX AND KINGS GLOBAL SERVICES PVT.
LTD. ..... Petitioner
Through: Mr. Jayant Mehta, Mr. Rishi
Agrawala & Ms. Shruti Arora,
Advocates.
versus
UNION OF INDIA ..... Respondent
Through: Mr. Chetan Sharma, ASG, Mr.
Kirtiman Singh, CGSC, Mr. Waize
Ali Noor, Mr. Amit Gupta, Mr.
Rohan Anand & Ms. Taha Yasin,
Advocates for UOI.
Mr. Dayan Krishnan, Sr. Advocate
with Ms. Namitha, Mr. Ketul Hansraj,
Advocates for R-2.
AND
+ W.P.(C) 5613/2020 & CM APPL. 20344/2020
WORLD COMPLIANCE TECHNOLOGIES PVT
LTD ..... Petitioner
Through: Mr. Dayan Krishnan, Sr. Adv. with
Ms. Namitha & Mr. Ketul Hansraj,
Advocates.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. Chetan Sharma, ASG, Mr.
Kirtiman Singh, CGSC, Mr. Waize
Ali Noor, Mr. Amit Gupta, Mr.
Rohan Anand & Ms. Taha Yasin,
Advocates for UOI.
Mr. Jayant Mehta, Mr. Rishi
Agrawala & Ms. Shruti Arora,
Advocates for R-2
Signature Not Verified
Digitally Signed
By:PRATHIBA M SINGH W.P.(C) 5052/2020 & W.P.(C) 5613/2020 Page 1 of 3
Signing Date:06.03.2021 11:15
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:06.03.2021
17:20:07
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 04.03.2021
1. This hearing has been done through video conferencing.
2. These two writ petitions are connected to each other in the sense that the Petitioner in W.P.(C) 5613/2020 i.e., World Compliance Technologies Ltd. (hereinafter `WCT') prays for release of its bank guarantees, while Petitioner in W.P.(C) 5052/2020 i.e., Cox and Kings Global Services Pvt. Ltd. (hereinafter `CKG') is the company which is relying on the bank guarantees given by WCT.
3. The bank guarantees given by WCT in favour of the Respondent - Ministry of External Affairs, Union of India (hereinafter 'MEA') were to be substituted by CKG in terms of order dated 9th June, 2020 passed by this Court in W.P.(C) 3303/2020 titled Cox and Kings Global Services Pvt. Ltd. v. Union of India. It is only upon the said replacement being done, that the bank guarantees of WCT were to be released by the MEA. Unfortunately, however, WCT was not made a party to the said writ petition and CKG did not replace the bank guarantees.
4. According to the MEA, the total dues of CKG, which the Government is entitled to recover, is estimated to be 18.8 million USD. The bank guarantees of WCT which have been submitted to the Government are to the tune of 4.5 million USD.
5. In order to give full effect to the order dated 9th June, 2020, it is directed that a senior official from the MEA, Mr. Vishnu Kumar Sharma, Director CPV, along with any other officials, shall hold a meeting with the representatives of CKG on 9th March, 2021 at 3:00 p.m. Signature Not Verified Digitally Signed By:PRATHIBA M SINGH W.P.(C) 5052/2020 & W.P.(C) 5613/2020 Page 2 of 3 Signing Date:06.03.2021 11:15 Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:06.03.2021 17:20:07
6. In the meeting, the MEA shall place before the representatives of CKG, their complete statement of accounts and the dues which are to be cleared by CKG.
7. Upon receipt of the said statement of accounts, CKG can request for a further meeting which shall then be held on 15th March, 2021, along with its response. The minutes of the meetings dated 9th March, 2021 and 15th March, 2021 shall be placed before this Court by 25th March, 2020. CKG, on the next date of hearing shall then submit to the Court, as to in what manner it intends to secure the dues of the Government of India.
8. List on 20th April, 2021.
PRATHIBA M. SINGH, J.
MARCH 4, 2021 dj/AP Signature Not Verified Digitally Signed By:PRATHIBA M SINGH W.P.(C) 5052/2020 & W.P.(C) 5613/2020 Page 3 of 3 Signing Date:06.03.2021 11:15