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Shapoorji Pallonji & Company (P) Ltd vs Indian Institute Of Space Science And ... on 11 March, 2022

Author: N.Nagaresh

Bench: N.Nagaresh

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                    THE HONOURABLE MR.JUSTICE N.NAGARESH
          Friday, the 11th day of March 2022 / 20th Phalguna, 1943
                          WP(C) NO. 8282 OF 2022(I)
PETITIONER:

     SHAPOORJI PALLONJI & COMPANY (P) LTD. REGISTERED OFFICE AT:70,
     NAGINDAS MASTER ROAD, FORT, MUMBAI-400023 REPRESENTED BY IT'S
     ADDITIONAL GENERAL MANAGER-LEGAL.

RESPONDENTS:

  1. INDIAN INSTITUTE OF SPACE SCIENCE AND TECHNOLOGY REPRESENTED BY IT'S
     DIRECTOR, VALIAMALA ROAD, THIRUVANANTHAPURAM-695547.
  2. INDIAN SPACE RESEARCH ORGANISATION(ISRO), REPRESENTED BY IT'S
     DIRECTOR, ANTARIKSH BHAVAN, NEW BEL ROAD, BANGALORE-560231.
  3. STANDARD CHARTERED BANK TRADE SERVICES BRANCH, GRINDLAYS CENTRE,
     NO.19, RAJAJI SALAI, CHENNAI-600001, REPRESENTED BY IT'S ASSOCIATE
     MANAGER-TRADE SERVICES.
  4. UNION BANK OF INDIA INDUSTRIAL FINANCE BRANCH, UNION BANK BNAVAN,
     239-VIDHAN BHAVAN MARG, NARIMAN POINT, MUMBAI-400021, REPRESENTED BY
     IT'S MANAGER (FOREX).
  5. IDBI BANK , IDBI TOWER BRANCH, 3RD FLOOR WTC COMPLEX, CUFFE PARADE,
     MUMBAI-40005, REPRESENTED BY IT'S ASST.GENERAL MANAGER.
  6. THE STATE BANK OF INDIA, CAG BRANCH, NEVILLE HOUSE, JN HEREDIA ROAD,
     BALLARD ESTATE, MUMBAI-400001, REPRESENTED BY IT'S DY.MANAGER-TRADE
     FINANCE.

     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to grant an interim injunction restraining the 1st respondent from
in any manner encashing and invoking the Bank Guarantee No.49580IGL0026818
furnished by petitioner through 4th respondent herein, pending disposal of
the Writ Petition.
     This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.P.M.MOHAMMED SHIRAZ Advocate for the petitioner,ASSISTANT SOLICITOR
GENERAL OF INDIA for R1 & R2, A.S.P.KURUP, STANDING COUNSEL for R4 and if
SRI.JITHESH MENON, STANDING COUNSEL for R6, the court passed the
following:
                           N. NAGARESH, J.
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                      WP(C) No.8282 of 2022
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             Dated this the 11th day of March, 2022



                                ORDER

Admit.

2. The learned Assistant Solicitor General of India takes notice for R1 and R2. Issue urgent notice by speed post to R3 and R5. Standing Counsel Sri. A.S.P. Kurup takes notice for R4. Standing Counsel Sri. Jithesh Menon takes notice for R6.

3. The learned counsel for the petitioner submits that the work entrusted is completed and Completion Certificate was submitted. The defect liability period is also over. Still, out of the four bank guarantees provided by the petitioner, respondents 1 and 2 have illegally invoked three bank guarantees already.

2

There will be an interim direction to respondents 1 and 2 not to invoke bank guarantee of the petitioner with the 4th respondent-Bank on condition that the petitioner keeps alive the bank guarantee for another six months and handover the documents to respondents 1 and 2.

Sd/-

N. NAGARESH JUDGE ncd/11.03.2022 Handover 11-03-2022 /True Copy/ Assistant Registrar