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High Court of DelhiFAO(OS) (COMM)/94/2018

Ntpc Ltd v. Avantika Contractors (I) Ltd

2019-03-26Hon'Ble Mr. Justice J.R. Midha2 pages

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) (COMM) 94/2018 & CM Appl. No. 18637/2018 (stay) NTPC LTD ..... Appellant Through Mr. Vikas Singh, Senior Advocate with Mr. Puneet Taneja & Ms. Shaheen, Advocates versus AVANTIKA CONTRACTORS (I) LTD ..... Respondent Through Mr. Sachin Datta, Sr.Advocate with Mr. Pallav Palit, Advocate

CORAM:

JUSTICE S.MURALIDHAR JUSTICE I.S.MEHTA

O R D E R

% 26.03.2019

1. The Court is informed that the final arguments before the learned Single Judge in OMP (Comm) No.75/2018 are in progress.

2. In that view of the matter, the Court directs that during the pendency of the said OMP (Comm) No. 75/2018 the order passed by this Court on 7th May, 2018 in this appeal will govern the position. In other words, the amount deposited by the Appellant in the Court shall remain in a Fixed Deposit and orders in that regard will be passed at the time of final disposal of OMP (Comm) No. 75/2018.

3.In the event that the hearing before the learned Single Judge remains inconclusive for a period of more than six months from today, it will be open to the Respondent to revive its prayer for release of the amount

deposited subject to terms.

4. The appeal and the application are disposed of. S. MURALIDHAR, J.

I.S. MEHTA, J.

MARCH 26, 2019 mw