Simplex Infrastructures Limited v. Raghav Chandra & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CONT.CAS(C) 93/2016 SIMPLEX INFRASTRUCTURES LIMITED ..... Petitioner Through:

Mr.

Yash Anand, Mr.

David A, Mr.Yash Singhal, Advs.

versus RAGHAV CHANDRA & ANR ..... Respondents Through:

Ms. Gunjan Sinha Jain, Adv. for NHAI.

Mr. Arun Aggarwal, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA

O R D E R

% 02.02.2016 CM 3744/2016 Allowed subject to just exceptions.

CONT.CAS(C) 93/2016 1.

Issue notice.

2.

Learned counsels for the respondents accept notice and submit that the bank guarantee in question was encashed on 25th January, 2016. It is further submitted that the order dated 11th January, 2016 passed by this Court in CS (Comm.) 16/2016 was not served on them. 3.

In the facts and circumstances of this case, NHAI is directed to deposit the bank guarantee amount i.e. Rs.8.14 crores with the Registrar General of this Court in CS (Comm.) 16/2016 within ten days from today. Upon the aforesaid deposit being made, the Registrar General shall keep the said amount in fixed deposit till further orders by the Court dealing with CS (Comm.)16/2016.

4.

This petition is disposed of with liberty to the petitioner to revive the

same in the event of the default of the NHAI to deposit the bank guarantee amount in terms of this order within ten days. The petitioner is at liberty to approach the Court dealing with CS (Comm.) 16/2016 for release of the FDR amount.

5.

Copy of this order be given dasti to counsel for the parties under the signature of the Court Master.

J.R. MIDHA, J.

FEBRUARY 02, 2016 dk