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High Court of DelhiW.P.(C)/2827/2016

M/S Simplex Projects Ltd. v. National Building Construction Corporation Limited & ORS

2016-03-31Hon'Ble Mr. Justice Manmohan2 pages

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2827/2016 & C.M.No.11897-11898/2016 M/S SIMPLEX PROJECTS LTD.

..... Petitioner Through Mr.S.D.Singh with Ms.Surabhi Shukla and Ms.Meenu Singh, Advocates.

versus NATIONAL BUILDING CONSTRUCTION CORPORATION LIMITED & ORS ..... Respondents Through Mr.Abir Phukan with Mr.V.Shyamohan and Mr.Surya Prakash, Advocates for R- 1 & 2.

Mr.Rajesh Kumar, Advocate for R-3.

Mr.B.A.Ranganadhan, Advocate for R-4.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 31.03.2016 Present writ petition has been filed with the following prayers:- A) Issue the writ of mandamus or any other writ/order whereby directing the Respondent no.1 to 3 to return the bank guarantees bearing BG no. 7024807BG0000057 dated 27.12.2007, 7024810BG0000116 dated 23.12.2010, 7024810BG0000116 dated 23.12.2010, BG no.

7024807BG0000058 dated 27.12.2007, 7024810BG0000115 dated 23.12.2010, 7024810BG0000117 dated 23.12.2010, BG no.

7024807BG0000059 dated 27.12.2007 and 7024810BG0000119 dated 23.12.2010 to the petitioner; and B) Pass such further order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

A perusal of the paper book reveals that the representations made by the petitioner from time to time have not been disposed of by the respondent no.1. Though, learned counsel for the respondents have raised preliminary objection to the maintainability of the present petition, yet without prejudice to the rights and contentions of either of the parties, the present writ petition is disposed of with a direction to the respondent no.1 to decide the petitioner's representations dated 1st March, 2014 for all three projects and 13th May, 2015 by way of a reasoned order within a period of eight weeks. The petitioner is directed to extend the bank guarantee in question for a further period of six months.

With the aforesaid directions, the present writ petition and the applications are disposed of.

Order dasti.

MANMOHAN, J MARCH 31, 2016 KA