Tulip Telecom Ltd v. Unique Identification Authority Of India

$~44 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P. 649/2013 TULIP TELECOM LTD ..... Petitioner Through:

None.

versus UNIQUE IDENTIFICATION AUTHORITY OF INDIA ..... Respondent Through:

Mr. Surekh Kant Baxy, Advocate.

(M:9958346861)

CORAM:

JUSTICE PRATHIBA M. SINGH

O R D E R

% 13.11.2018 Further to the last order, an affidavit of Mr. Pawan Kumar, Chief Manager, Bank of India, Large Corporate Branch, New Delhi, has been handed over stating as under:

"..........

2. That on 12.09.2018, the Deponent had by way of an affidavit intimated to this Hon'ble Court regarding the system that has been proposed to be implemented to avoid inadvertent closure of Bank Guarantees in which there is dispute/conditional claim/court order. It was informed that a request/proposal has been put forth to the I.T. team of the Bank to introduce a "sub-option" (M) in Bank Guarantee menu available with every Customer's portal, which provides for a weekly/daily updates about any Court Order or any other specific information that can have a material bearing on the respective Bank Guarantees. It was further submitted that the instant proposal was under consideration by the head office and concerned I.T. team.

3. I state that in furtherance of the aforesaid proposal, a system has been formulated to ensure proper

maintenance of Bank Guarantees. I say that by way of the proposed system in cases where Bank Guarantees are required to be blocked form inadvertent reversal or lapse, the concerned branch of the Deponent Bank shall intimate the controlling office of the Bank to block the reversal or lapse of Bank Guarantees. The controlling office shall thereafter inform the same to Data Center and the Bank Guarantee will then stand "blocked for reversal".

Further, for unblocking of reversal of the Bank Guarantees, the concerned Branch shall again intimate the Data Center for necessary actions through the controlling office of the branch. I say that this process will be implemented on case to case basis for every Bank Guarantee.

..............."

The system being implemented for proper maintenance of the Bank Guarantees, as stated in this affidavit, shall be widely circulated to all the branches of Bank of India across the country. It shall be ensured that the process shall be implemented for all Bank Guarantees issued by the bank so that there is no inadvertent reversal or lapse of Bank Guarantees, especially those Bank Guarantees, which are the subject matter of litigation and invocation notices.

With these directions, the petition need not be listed further. Compliance is recorded. Original affidavit is taken on record. PRATHIBA M. SINGH, J.

NOVEMBER 13, 2018/dk