M/S. Klsr Infratech Limited, vs The Reserve Bank Of India, on 7 December, 2020

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Andhra Pradesh High Court - Amravati

M/S. Klsr Infratech Limited, vs The Reserve Bank Of India, on 7 December, 2020

Bench: U.Durga Prasad Rao

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISIDICTION)

MONDAY, THE SEVENTH DAY OF DECEMBER |

TWO THOUSAND AND TWENTY
:PRESENT:

THE HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO *

WRIT PETITION NO: 20420 OF 2020
Between:
M/S. KLSR Infratech Limited, Rep. by its Authorized person Sri Allu Nagesh,
S/o. Rama Rao, aged about 51 years, Regd office at H. No.2-56/D/213/9B, Flat No.3B,
KLSR Towers, Near YSR Statue, Ayyappa Society, Madhapur, Hyderabad -871.

Petitioner
AND

1. The Reserve Bank of India Rep. by its Regional Director, Regional office at 6-1-56,
Secretariat Road, Saifabad, Hyderabad.

2. Union Bank of India (Formerly known as The Andhra Bank) Represented by Chief
Manager, Nellore Main, Nellore SPSR Nellore District, A.P.

3. M/s. OFB Tech Private Limited Rep. by its Authorised signatory, Registered Office
Shop No.G-22, C (UGF) D-1 (K-84) Green Park Main, New Delhi, South Delhi DL
110016.

, 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 a writ or order or direction or writ of Mandamus, declaring the action of the 1*
respondent restraining the relief of moratorium only in certain cases and not extending
the benefit to all kinds of transactions by applying the principle of force major clause
inspite of declaration of pandemic Covid- 19 by the Government of India and action of
2" respondent allowing the bank guarantees 0384191GPER0053 and
0384191GPER0054 to be invoked by the 3" respondent as illegal, arbitrary, malafide,
unmindful and contrary to Principle of Force majeure applied in contractual matters and
consequently direct the ane Respondent not to allow the 3% respondent to invoke the
respective bank guarantees for a reasonable period in the interests of justice.

1A NO: 4 OF 2020

~----Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to direct
the respondents No.2 and 3 not to invoke the babnk guarantees i.e.,
0384191GPER0053 and 0384191GPER0054, pending disposal of WP No. 20420 of
2020, on the file of the High Court. _

The petition coming on for hearing and upon perusing the petition and
affidavit filed herein and order of the High Court dated 04.11.2020, 25.11.2020,
26.11.2020 and 03-12-2020 made herein and upon hearing the arguments of Sri K. V.
Bhanu Prasad Advocate for the Petitioner and of Sri A. Chandra Sekhar, Standing
Counsel for the respondent No.3, the Court made the following

ORDER:

~ "Learned counsel for the petitioner submits that he uploaded the rejoinder. Registry shall place the same on record, and Post on 09.12.2020 at 2.15 P.M. interim order, granted earlier, is extended till then". | Sd/- R.Karthikeyan _ ASSIBTA T REGISTRAR ITTRUE COPY// For ASSISTANT REGISTRAR To

4. One CC to Sri K. V. Bhanu Prasad Advocate (OPUC)

2. One CC to Sri A. Chandra Sekhar, Standing Counsel (OPUC)

3. One spare copy.

i | ' ' e se HIGH COURT UDPRJ DATED:07/12/2020 NOTE: POST ON 09.12.2020 at 2.15 PM WP.No.20420 of 2020 INTERIM ORDER EXTENDED

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Andhra Pradesh High Court - Amravati