Il & Fs Transportation Networks Ltd. v. National Highway Authority Of India (Nhai) & ORS

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 703/2017 & IA No.11998/2017 (u/O XXXIX R-1 & 2CPC) IL & FS TRANSPORTATION NETWORKS LTD.

..... Plaintiff Through:

Mr. Kiran Luthra, Ms. Gunika Gupta, Mr. Rishi Agrawala, Advs.

versus NATIONAL HIGHWAY AUTHORITY OF INDIA (NHAI) & ORS ..... Defendants Through:

Ms. Gunjan Sinha Jain, Mr. Mukesh Kumar, Mr. Simarnajeet, Ms. Saumya Priyadarshnee for D-1/NHAI

CORAM:

HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW

O R D E R

% 16.03.2018 1.

This order is in continuation of the earlier orders, particularly the order dated 18th January, 2018 in the suit.

2.

The counsel for the defendant No.1 National Highway Authority of India (NHAI), in Court has handed over a copy of the letter dated 15th March, 2018 addressed by the defendant No.1 NHAI to its advocate communicating that the defendant No.1 NHAI is agreed to release of bank guarantee subject matter of the suit, to the plaintiff. 3.

The said letter is taken on record.

4.

The counsel for the defendant No.1 NHAI, on enquiry states that the original bank guarantee duly discharged shall be handed over to the representative of the plaintiff within ten days and the representative of the plaintiff may visit the office of the defendant No.1 NHAI for the said purpose with prior appointment.

CS(COMM) 703/2017

5.

The counsel for the plaintiff, on enquiry states that upon the defendant No.1 being bound with the aforesaid statement, the claim of the plaintiff in the suit will stand satisfied.

6.

Binding the defendant No.1 to the statement aforesaid, the suit is disposed of leaving the parties to bear their own costs. 7.

The next date of 20th March, 2018 before the Joint Registrar is cancelled.

RAJIV SAHAI ENDLAW, J MARCH 16, 2018 SRwt CS(COMM) 703/2017