Sharma Kalypso Pvt Ltd v. Engineers India Limited

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + O.M.P.(I) (COMM.) 374/2016 SHARMA KALYPSO PVT LTD ..... Petitioner Through: Mr Sandeep Sharma, Mr Vatsal Kumar and Ms Devyani Sharma, Advocates.

versus ENGINEERS INDIA LIMITED & ORS ..... Respondents Through: Mr Sandeep Sethi, Senior Advocate with Ms Rashmeet Kaur and Ms Arpana Majumdar, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 19.09.2016 IA No.11583/2016 1.

Allowed, subject to all just exceptions.

2.

The applications stands disposed of.

O.M.P.(I) (COMM.) 374/2016 3.

The petitioner has filed the present petition, inter alia, praying as under:- "(i) Restrain the respondents from invoking, encashing and receiving any amount under the Bank Guarantees bearing no 2012/40 dated 19.06.2012, 2013/43 dated 08.08.2013, 2014/15 dated 15.04.2014, BOM/ 1160/RIL/ 107/2013 dated 26.02.2013 & BOM/ 1160/BG/RIL/ 1392013-14 dated 03.01.2014; (ii) Further direct Branch Managers of Respondent No.2 & 3 Banks not to remit any amount to Respondent

No.1 under the abovementioned Bank guarantees or to issue any pay order/demand draft/RTGS and if any such pay order/ demand draft(s) have been issued then the same should not be encashed by the respondent."

4.

The learned counsel for the parties submit that although the contract in question involved in the present matter is different from the one that is involved in O.M.P.(I) (COMM.) 373/2016, however, the controversy involved is similar. They further contend that the order passed in O.M.P.(I) (COMM.) 373/2016 today would also be determinative of the issues involved in the present case.

5.

In view of the order passed in O.M.P.(I) (COMM.) 373/2016, the present petition is also dismissed.

VIBHU BAKHRU, J SEPTEMBER 19, 2016 RK