Madhya Pradesh High Court
M/S Gangotri Enterprises Ltd. vs M.P. State Road Development ... on 8 May, 2018
THE HIGH COURT OF MADHYA PRADESH
WP-19143-2016
(M/S GANGOTRI ENTERPRISES LTD. Vs M.P. STATE ROAD DEVELOPMENT CORPORATION LTD.
GOVT. OF MP UNDERTAKING)
20
Jabalpur, Dated : 08-05-2018
Shri Brian D'Silva, learned Senior Counsel with Shri Ishan Soni,
learned counsel for the petitioner.
Shri Kunal Thakre, learned counsel for the intervener-Axis Bank
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Ltd.
Shri Naman Nagrath learned Senior Counsel with Shri Himanshu
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Mishra for the respondent Corporation.
Heard on I.A.No.15212/2017 filed by the respondent bank seeking Pr clarification in respect of continuance or otherwise of the interim order passed by this Court on 03.03.2017.
a hy The learned Senior Counsel appearing for the petitioner submits that in terms of the interim order dated 03.03.2017 the petitioner undertakes to ad renew the bank guarantee and comply with the conditions imposed by this M Court by order dated 03.03.2017 and prays that the interim order granted on 03.03.2017 be continued subject to the said conditions.
of It is also submitted and clarified by the learned counsel for the parties that the interim order passed by the Supreme Court in SLP No.18058/2017 rt staying operation of an interim order passed by this Court on 21.06.2017 in ou W.P. No.4205/2017 relates to a different issue and does not relate to the C issue of encashment of performance bank guarantee involved in the present h petition.
ig In such circumstances, I.A. No.15212/2017 filed by the bank is H hereby disposed of with a direction and clarification to the effect that the interim order dated 03.03.2017 shall continue to remain in operation subject to the terms and conditions mentioned therein and subject to the renewal of the bank guarantee as undertaken by the petitioner before its expiry.
As prayed, list this matter in the month of July, 2018.
(RAVI SHANKAR JHA) (RAJEEV KUMAR DUBEY)
JUDGE JUDGE
manisha
Digitally signed by MANISHA
ALOK SHEWALE
Date: 2018.05.09 12:02:39
+05'30'
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