Delhi High Court - Orders
Jmc Projects India Ltd vs Union Of India on 17 September, 2020
Author: Rekha Palli
Bench: Rekha Palli
via video conferencing
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P.(I) (COMM.) 289/2020
JMC PROJECTS INDIA LTD ..... Petitioner
Through: Mr. Nilava Bandyopadhyay,
Mr.Rahul Pandey and Ms. Divya Kashyap, Advs.
Ms. Charul Matur, Adv.
versus
UNION OF INDIA ..... Respondent
Through: Mr. Vikram Jetly, CGSC.
Mr. Praveen Kumar Jain and Mr. Sajal
Manchanda, Advs.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
ORDER
% 17.09.2020 I.A. 8224/2020 (exemption)
1. Allowed, subject to all just exceptions. O.M.P.(I) (COMM.) 289/2020
2. The present petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeks the following reliefs:
a) Direct the Respondent to proportionately release the Performance Bank Guarantee No. 0061ILG028719 for Rs.12,55,10,616/- (Twelve Crores Fifty Five Lakhs Ten Thousand Six Hundred Sixteen only) issued by Punjab National Bank dated 24.12.2019;
b) Direct the Respondent to proportionately release Signature Not Verified Digitally Signed By:SANDEEP KUMAR Signing Date:17.09.2020 11:10 Security Deposit Retention Money) Bank Guarantee No. HOOIBGP 151670001 for an amount of Rs.4,00,00,000/(Rupees Four Crores only) issued by Karur Vyasya Bank dated 16.06.2015;
c) Direct the Respondent to proportionately release the Security Deposit (Retention Money) Bank Guarantee No. HOOIBGP151670002 for release of an amount of Rs.4,55,10,616/- (Rupees Four Crores Fifty Five Lakhs Ten Thousand Six Hundred Sixteen only) issued by Karur Vyasya Bank dated 16.06.2015;
d) Direct the Respondent to proportionately release Security Deposit (Retention Money) Bank Guarantee 50350IGL0004518 for an amount of Rs.1,50,00,000/ (Rupees One Crore Fifty Lakhs only) dated 25.04.2018 issued by United Bank of India.
e) Direct the Respondent to proportionately release Security Deposit (Retention Money) Bank Guarantee 0061ILG028919 for an amount of Rs.4,00,00,000/-
(Rupees Four Crores only) issued by Punjab National Bank dated 31.12.2019.
f) Award the costs of the present petition in favour of the Petitioner and against Respondent.
g) Grant such other or further relief (s) in favour of the Petitioner and against Respondent as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
3. At the very outset, learned counsel for the petitioner submits that another petition under Section 9 instituted by the petitioner being OMP (I) (Comm.) 202/2020, arising out of a similar contract, is pending adjudication before HMJ V.Kameswar Rao and the pleadings therein are complete. He, therefore, prays for the present petition to also be listed along with OMP (I) (Comm.) 202/2020 before the same Bench on the same date. Even though learned counsel for the respondent vehemently opposes this prayer on the ground that the Signature Not Verified Digitally Signed By:SANDEEP KUMAR Signing Date:17.09.2020 11:10 contracts in both these Section 9 petitions pertain to the construction of All India Institute of Medical Sciences in different states, I am of the view that since these petitions pertain to similar agreements which form the subject matter of OMP (I) (Comm.) 202/2020, the pleadings wherein are already complete, it will be in the interest of justice to transfer the present petition to the same Bench.
4. At request, list before HMJ V.Kameswar Rao, on 12.10.2020.
REKHA PALLI, J.
SEPTEMBER 17, 2020 'sdp' Signature Not Verified Digitally Signed By:SANDEEP KUMAR Signing Date:17.09.2020 11:10