Delhi High Court - Orders
Umesh Cimechel Consortium vs Iic Limited & Ors on 10 July, 2020
Author: V. Kameswar Rao
Bench: V. Kameswar Rao
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ OMP(I)(COMM) 172/2020, I.A. 5383/2020
UMESH CIMECHEL CONSORTIUM ..... Petitioner
Through: Mr. Pankaj Kumar Singh, Adv.
versus
IIC LIMITED & ORS. ..... Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO
ORDER
% 10.07.2020 This matter is being heard through video-conferencing. I.A. 5383/2020 (by petitioner seeking exemption from filing true typed copies / dim copies of documents, duly signed / attested pleadings applications, documents, affidavits and pay the requisite court fee) For the reasons stated in the application, the same is allowed and the petitioner is exempted from filing true typed copies / dim copies of documents, duly signed / attested pleadings applications, documents and affidavits.
Subject to the applicant / petitioner filing the necessary Court fee within 72 hrs from the date of resumption of regular functioning of the Court, as mandated in terms of Office Order dated April 04, 2020 issued by this Court, exemption from filing the requisite court fees is granted.
Application is disposed of.
OMP(I)(COMM) 172/2020
1. It is the submission of Mr. Pankaj Kumar Singh, learned counsel appearing for the petitioner that the petitioner through respondent nos. 1 and 2 has executed a Project for the Central Railway. As per the information available with the petitioner, respondent Railway has given the Completion letter to the respondent no.2 who has the privity of contract with the Central Railway, even though no Completion Certificate has been given to the petitioner by the respondent no.1 or respondent no.2. The project having been executed and handed over to the Railway, there is no occasion for the respondent no.1 to hold on to the bank guarantees.
2. Issue notice to the respondents returnable August 31, 2020.
3. Till the next date of hearing, the parties shall not invoke the subject the following bank guarantees:
"(A) Performance Bank Guarantees (PBG);
i) BG No. BR/BG/42/2(0ld No.) AND New No. 602/BGH/2018/1 issued on 04.10.2012 by the Central Bank of India for a sum of Rs. 2,62,50,000/- (Rupees Two Crores Sixty Two Lakhs Fifty Thousand only).
ii) BG No. 0103 IFIBG140007 issued on 21.05.2014 by Bank of India for a sum of Rs. 1,03,62,525/- (Rupees One Crore Three Lakhs Sixty Two Thousand Five Hundred Twenty Five only), converted into BG No .248GMO1182720004 dated 29.09.20 18 by Yes Bank due to merger of Bank of India into Yes Bank.
(B) Advance Bank Guarantees (ABG);
iii) BG No.0103IFIBG140006 issued on 21.05.2014 by Bank of India for a sum of Rs. 51,81,3001 -(Rupees Fifty One Lakhs Eighty One Thousand Three Hundred only), converted into BG No. 248GMO 1182720003 dated 29.09.2018 by Yes Bank due to merger of Bank of India into Yes Bank.
iv) BG No.0103IFIBG150017 issued on 05.03.2015 by Bank of India for a sum of Rs. 25,93,220/-(Rupees Twenty Five Lakhs Ninety Three Thousand Two Hundred Twenty only), converted into BG No. 248GM01182720005 dated 29.09.2018 by Yes Bank due to merger of Bank of India into Yes Bank.
4. It is made clear that the petitioner shall continue to keep the bank guarantees alive till the next date of hearing.
V. KAMESWAR RAO, J JULY 10, 2020/jg