Andhra Pradesh High Court - Amravati
Devi Engineering And Construction ... vs Container Corporation Of India Concor ... on 7 January, 2021
Author: R Raghunandan Rao
Bench: R Raghunandan Rao
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISIDICTION) THURSDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HON'BLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 23282 OF 2020 Between: Devi Engineering and Construction Private Limited, A Company incorporated under the provisions of the Companies Act, 1956. having its Registered Office at Plot No 20, Flat No Gl, IVY Grand, Ground Floor, Kakinada - 533 003 Andhra Pradesh, Represented by its Managing Director Mr J V Gangadhar S/O Mr Jagatha Padmanabham, Resident of Flat No 503, Lotus Expendito. Road No 1, Banjara Hills. Hyderabad -- 500034 .. .Petitioner-- AND 1. Container Corporation of India CONCOR Bhawan, C-3, Mathura Road, New Delhi 110076. 2. The Group General Manager (Engg), CONCOR Annex, NSIC MDBP Building, 3rd Floor, Okhla Industrial Estate, New Delhi - 110020 Represented by its Chairman and Managing Director Mr V Kalyana Rama. 3. The Branch Manager Oriental Bank of Commerce, Temple Street, Kakinada. L __..,Respondents" Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent in unilaterally terminating the contract No CON/EP/MMLP/KAKINADA/Phase-I/T-I/2018 and seeking forfeiture of Security Deposit and Encashment of Bank Guarantee of an amount of Rs 1,63,36,113/- drawn on Oriental Bank of Commerce, Temple Street, Kakinada, vide Bank Guarantee No 08160000618 dated 01-06-2018 as illegal, arbitrary, unjust, malafide, without competence and against the constitutional guarantees and to consequently direct the 1st Respondent to forbear from claiming encashment of the said Bank Guarantee and allow the Petitioner Company to complete the contract No CON/EP/MMLP/KAKINADA/Phase-I/T-1/2018 within the stipulated time. ---~ IA NO: 1 OF 2020 ~ _ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the impugned notice dated 04.12.2020 including a direction to the respondents not to permit the encashment of Bank Guarantee No 08160000618 dated 01-06-2018 issued by the Petitioner through the 3 Respondent Bank in favour of the 1*' Respondent, pending disposal of WP 23282 of 2020, on the file of the High Court. -- The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and Order of the High Court dated 07.12.2020 & 21.12.2020 made herein and upon hearing the arguments of Sri Naumene Suraparaj Karlapalem, Advocate for the Petitioner, the Court made the following..-- ORDER:
"Post on 27.01.2021 for reply. Interim direction granted earlier is extended by three weeks. Registry is directed to print the name of Sri J. Prabhakar, for respondents.":~ Sd/-M.RameshBabu ASSISTA T REG ITTRUE COPY// ) For SECTION OFFICER To
1. One CC to Sri Naumene Suraparaj Karlapalem, Advocate [OPUC]_ --
2. One spare copy. MSB HIGH COURT RRR,J DATED:07.101.2021 ORDER WP.No.23282 of 2020 POST ON 27.01.2021 INTERIM DIRECTION A ok y ees Paget :