High Court of DelhiO.M.P.(I) (COMM.)/73/2017

Zillion Infraprojects Pvt. Ltd. v. Alstom Systems India (P) Ltd. & ORS.

2017-02-09Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P. (I) (COMM) 73/2017 ZILLION INFRAPROJECTS PVT. LTD.

..... Petitioner Through:

Mr Sakal Bhushan, Mr Naveen Sharma and Ms Swati Bhushan, Advocates.

versus ALSTOM SYSTEMS INDIA (P) LTD.

& ORS.

..... Respondents Through:

Mr Amit Chadha, Senior Advocate with Mr Akhil Anand, Mr Siddhanth Kochhar, Ms Avlokita Rajvi and Mr Sahil Mongia, Advocates for R-1.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 09.02.2017 IA Nos.1806-1807/2017 Allowed, subject to all just exceptions.

CAV No.133/2017 The learned counsel for the caveator/respondent has entered appearance. The caveat stands discharged.

O.M.P. (I) (COMM) 73/2017 This is a petition filed under Section 9 of the Arbitration and Conciliation Act, 1996, inter alia, praying that the respondent nos.1 and 3 be restrained from invoking and/or encashing the bank guarantee bearing no.PNB-19881LG003116 dated 17.02.2016 for an amount of Rs.59,06,047/-

.The said bank guarantee was furnished by the petitioner against mobilization advance received from respondent no.1. The controversy involved in the present petition is covered by the decision of this Court in Zillion Infraprojects Pvt. Ltd. v. Alstom Systems India (P) Limited & Ors: OMP (I) (COMM.) 405/2016) decided on 07.02.2017. The learned counsel for the petitioner states that the petitioner had appealed against the aforesaid decision before the Division Bench of this Court in FAO(OS) No.34/2017 and the decision in that appeal is reserved. The learned counsel for respondent no.1 states that in the event the petitioner prevails in the said appeal the respondent would deposit the funds realized by encashment of the bank guarantee with respondent no.3 subject to its rights and contentions.

In view of the decision in Zillion Infraprojects Pvt. Ltd. v. Alstom Systems India (P) Limited & Ors: OMP (I) (COMM.) 405/2016) decided on 07.02.2017 the present petition is dismissed. VIBHU BAKHRU, J FEBRUARY 09, 2017 MK