Organizing Committee Commonwealth Games,2010 v. Pico Deepali Overlays Consortium And Another

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on : 30th January, 2016 % Judgment pronounced on: 8th March, 2016 + O.M.P.(I) (COMM.) 75/2015 ORGANIZING COMMITTEE COMMONWEALTH GAMES,2010 ..... Petitioner Through Mr.Maninder Singh, Sr. Adv. with Mr.Neeraj Sharma, Ms.Archana Lakhotia, Mr.Karan Kanwal and Ms.Shruti, Advs.

versus PICO DEEPALI OVERLAYS CONSORTIUM AND ANOTHER ..... Respondents Through Ms.Meenakshi Arora, Sr. Adv. with Mr.Dharmendra Rautray, Ms.Tara Shahani and Mr.Ankit Khushu, Advs.

for R-1.

Mr.Shikher Garg, Adv. with Mr.Abhishek Gupta, Adv. for R-2.

CORAM:

HON'BLE MR.JUSTICE MANMOHAN SINGH MANMOHAN SINGH, J.

1.

The abovementioned petition under Section 9 of the Arbitration and Conciliation Act, 1996 has been filed by the petitioner seeking the following prayer :

a) Stay the discharge of the Performance Bank Guarantee issued by the State Bank of India bearing (i) No.0999910FBG0000448 dated OMP (I)(COMM) No.75/2015 Page 1 of 2

June 15, 2010 and (ii) No.0999910FBG0000447 dated June 15, 2010; and b) Direct the respondent to keep the Performance Bank Guarantee issued by the State Bank of India bearing (i) No.0999910FBG0000448 dated June 15, and (ii) No.0999910FBG0000447 dated June 15, 2010 alive till the conclusion of the proceedings under the Arbitration and Conciliation Act, 1996; or in the alternative c) Permit the petitioner to encash the Performance Bank Guarantee issued by the State Bank of India bearing (i) No.09999FBG0000448 dated June 15, 2010 and (ii) No.0999910FBG0000447 dated June 15, 2010.

2.

In view of the judgment passed in OMP (Comm) No.30/2015, nothing survives in the petition, the same is accordingly dismissed. 3.

No costs.

(MANMOHAN SINGH) JUDGE MARCH 08, 2016 OMP (I)(COMM) No.75/2015 Page 2 of 2