Nbcc(India) Ltd v. M/S Th Jadumani Singh

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ C.R.P. 12/2018 and CM Nos.2177-2178/2018 NBCC(INDIA) LTD ..... Petitioner Through: Mr. MOhit Arora and Ms. Sanskriti Rastogi, Advocate versus M/S TH JADUMANI SINGH ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 19.01.2018 The petitioner is the defendant in the civil suit (suit no.299/2016) whereby the respondent, the plaintiff of the suit, seeks recovery of Rs.36,40,000/- alleged by him to be security deposit illegally forfeited by the petitioner inspite of the work awarded having been completed within the finally extended period. The impugned order was passed on the application under Order XI Rules 12 and 14 of the Code of Civil Procedure, 1908 (CPC) whereby the petitioner has been directed to produce "complete file of award of contract dated 05.12.2008".

The petitioner's grievance prima facie appears to be correct that in the impugned order the trial judge has not discussed the issue of relevancy.

Against the above backdrop, at this stage the counsel for the C.R.P. 12/2018

petitioner submitted that he may be allowed to withdraw the present petition and the applications filed therewith and move the application for review.

The petition and the applications filed therewith are dismissed as withdrawn with liberty as prayed granted.

Dasti under the signatures of the Court Master. R.K.GAUBA, J JANUARY 19, 2018 yg C.R.P. 12/2018