Bumbrah Electric Co. v. Central Public Works Department

$~54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ O.M.P.(I) (COMM.) 251/2016 BUMBRAH ELECTRIC CO.

..... Petitioner Through Mr.Sandeep Sharma, Adv. with Ms.Risha Mittal, Adv.

versus CENTRAL PUBLIC WORKS DEPARTMENT ..... Respondent Through Mr.Praveen Kr. Jain, Adv. with Mr.Amit Dogra, Adv.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN SINGH

O R D E R

% 02.06.2016 I.A. No.7279/2016 (exemption) Exemption allowed, subject to just exceptions. The application is disposed of.

O.M.P.(I) (COMM.) 251/2016 The petitioner has filed the present petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking prayer to stay the operation of the impugned notice dated 18th May, 2016 in which 15 days time was given to the petitioner to clear the demand of Rs.22,76,923/- (though in the prayer it is mentioned Rs.33,82,903/-).

Learned counsel for the respondent has pointed out page No. 63 of the documents wherein it is evident that original Bank Guarantee of any Scheduled Bank was to be deposited in office of Executive Engineer (E), BFLD, CPWD, Amritsar, Punjab. As a matter of fact, the counsel for the

respondent has taken the plea of territorial jurisdiction. The matter has been discussed for some time.

Learned counsel for the petitioner, upon instructions, wishes to withdraw the present petition. However, he has requested that last date to deposit the amount is expiring, therefore, some time may be extended in order to approach the competent Court. Without expressing any opinion on merit, further time is extended till 20th June, 2016 in view of the demand raised by the respondent. As and when if any petition is filed, the same will be considered on merit and without the influence of the order passed by this Court. Dasti.

MANMOHAN SINGH, J.

JUNE 02, 2016/jk