Monnet Ispat And Energy Limited v. Rohan Sanghvi
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 2147/2011 MONNET ISPAT AND ENERGY LIMITED ..... Plaintiff Through Mr.Anshu Mahajan, Adv.
with Mr.Karan Arora, Adv.
versus ROHAN SANGHVI ..... Defendant Through Mr.Bhavya Sethi, Adv.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
O R D E R
% 19.05.2016 I.A. No.961/2016 (for modification of the order dated 4th November, 2015), by plaintiff The abovementioned application has been filed by the plaintiff for modification of the order dated 4th November, 2015 passed by this Court. No reply has been filed by the defendant. Learned counsel for the defendant states that he is not getting any instructions from the defendant, thus, he would be filing an application for withdrawal of his vakalatnama within one week from today.
It is stated in the application that while passing the order dated 4th November, 2015, the plaintiff was directed to return the original Bank Guarantee to the defendant on payment of Rs.12,38,541/-, whereas the plaintiff has already invoked the performance Bank Guarantee and the above
said amount was arrived only after the adjustment of the said Bank Guarantee amount of Rs.1,53,074/-. Under these circumstances, the original Bank Guarantee cannot be returned. Thus, the order dated 4th November, 2015 be modified accordingly.
In this regard, the learned counsel for the plaintiff has also pointed out para 14 of the plaint, which reads as under:- "14.
That the Defendant with mala fide intentions did not respond to the letter dated 11.09.08 and also did not refund the money as agreed by him. The Plaintiff thereafter invoked the Performance Bank Guarantee of the Defendant and the same was encashed on 05.11.2008 and the Plaintiff received a sum of Rs.1,53,074/- (Rupees One lakh fifty three thousand and seventy four only) under the said invocation. The Plaintiff thereafter also made various request to the Defendant to refund the amount under the said Purchase Order but the Defendant despite admitting its liability has failed to return/refund the money."
It appears from the said para that the Bank Guarantee has been invoked by the plaintiff. The said aspect is accordingly modified in para 7 of the order dated 4th November, 2015. The decree be drawn accordingly. The application is disposed of.
CS(OS) No.2147/2011 As far as the remaining reliefs claimed by the plaintiff are concerned, the valuation of the same is about Rs.25 lac. In view of Notification No.27187/DHC/Orgl. dated 24th November, 2015 and in exercise of power conferred by Section 4 of the Delhi High Court (Amendment) Act, 2015 (Act 23 of 2015), which came into force with effect from 26th October, 2015 vide Notification No.F.No.L-19015/04/2012-Jus dated 26th October, 2015 issued by the Government of India, Ministry of Law, Justice & Company
Affairs, published in Gazette of India Extraordinary, Part-II, Section 3 subSection (ii), as agreed, the present matter is transferred to the District Judge (South/East), Saket Courts, New Delhi.
Parties to appear before the concerned Court on 26th July, 2016.
MANMOHAN SINGH, J.
MAY 19, 2016/ka