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Delhi High Court - Orders

(For Modification Of Order Dated ... vs Energo Engineering Projects Limited & ... on 18 August, 2022

Author: Amit Bansal

Bench: Amit Bansal

$~31
*        IN THE HIGH COURT OF DELHI AT NEW DELHI
+        CS(COMM) 151/2017 & I.A. 2496/2017 (O-XXXIX R-1 & 2 of
         CPC), I.A. 5067/2017 (O-I R-10 of CPC), I.A. 9257/2017 (O-XXXIX
         R-4 of CPC), I.A. 10220/2017 (O-VIII R-10 of CPC), I.A. 9280/2018
         (for modification of order dated 27.02.2017)

         ELECON ENGINEERING COMPANY LIMITED
                                                         ..... Plaintiff
                            Through:     Mr.    Akshay   Makhija,        Senior
                                         Advocate with Mr. Sanjeev K.
                                         Sharma, Mr. Rajiv Dalal, Mr. K.V.
                                         Krishna, Mr. Vikas Bhardwaj, Ms.
                                         Dipti Singh and Mr. Kamal Dalal,
                                         Advocates.

                            versus

         ENERGO ENGINEERING PROJECTS LIMITED & ORS
                                                 ..... Defendants
                      Through: Mr. Kamal Mehta with Mr. Arun
                               Upadhyay and Mr.            Abhishek
                               Chauhan, Advocates for D-1 along
                               with Liquidator.
                               Ms. Meghna Mishra with Mr. Arjit
                               Benjamin, Ms. Lakshay Mehta and
                               Mr. Meeran Maqbool, Advocates for
                               Adani Power Rajasthan Limited.

         CORAM:
         HON'BLE MR. JUSTICE AMIT BANSAL
                            ORDER

% 18.08.2022 I.A. 11813/2022 (for condonation of delay of 30 days in re-filing IA), I.A. 11815/2022 (for condonation of delay of 30 days in re-filing IA)

1. For the reasons stated in the applications, the same are allowed.

Signature Not Verified Digitally Signed By:AMIT BANSAL

CS(COMM) 151/2017 Signing Date:18.08.2022 Page 1 of19:11:21 2

2. The aforesaid applications stand disposed of. I.A. 11812/2022 (u/S 151 CPC)

3. The present application has been filed on behalf of the plaintiff to take on record the original extended bank guarantees. Details of the bank guarantees are given in paragraph 3 of the application.

4. The originals of the extended bank guarantees are taken on record.

5. The application stands disposed of in above terms. I.A. 11814/2022 (u/S 151 CPC)

6. The present application has been filed on behalf of the plaintiff to substitute the name of the authorised representative of the plaintiff company.

7. For the reasons stated in the application, Mr. Shashi Shekhar, the new authorised representative of the plaintiff company is taken on record to pursue the present suit.

8. The application stands disposed of accordingly. CS(COMM) 151/2017

9. Submissions of the counsels for the parties have been heard at length.

10. Counsels for the parties seek further time to place on record additional judgments in support of their submissions.

11. List on 31st August, 2022 at 2:30 PM.

AMIT BANSAL, J.

AUGUST 18, 2022 at Signature Not Verified Digitally Signed By:AMIT BANSAL CS(COMM) 151/2017 Signing Date:18.08.2022 Page 2 of19:11:21 2