M/S.Garuda Aviation Services Pvt. Ltd., v. Airports Authority Of India,
SUB APPL NO. 88 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-02-2025
CORAM
THE HONOURABLE DR JUSTICE ANITA SUMANTH SUB APPL NO. 88 of 2025 IN CONT P NO. 382 OF 2018 M/s.Garuda Aviation Services Pvt. Ltd., Garuda House, No. 142, Upper Govind Nagar, Mumbai 400 097.
Applicant(s) Vs Airports Authority of India, Rep by Airport Director, Chennai Airport, Chennai 600 027. Respondent(s) CONT P NO. 382 of 2018 AIRPORTS AUTHORITY OF INDIA Rep. By Airport Director Chennai Airport Chennai 600 027 Vs MR. AKBAR BASHAH Rep. By Airport Director Chennai Airport Chennai 600 027 SUB APPL NO. 88 of 2025 For Applicant(s):
M/s. K.Newlin Frederick For Respondent(s):
Ms.A.Arul Mary CONT P NO. 382 of 2018 For :
Rpad&speed Post Returned Unserved(left) Proof Of Service Filed Additional Typed Set Filed Affidavit Of Proof Of Service Filed On 27/10/2021 Mr.K.Newlin Frederick(advocate), Flat No.2, Ground Floor, Rams Flat, No.95/42, Gandhi Nagar , 2nd Main Road, Adyar,
Chennai-600 0020.
M/s.K.Newlin Frederick, V.Rajesh Babu, Counsel Or Respondent Vakalat Filed On 27/10/2021 Counter Affidavit Filed By The Respondent Filed On 19/11/2021 Typed Set Of Papers Filed On 19/11/2021 Typed Set Filed On 08/12/2021 Counter Affidavit Filed On 18/02/2022 Proof Of Service Filed By M/s.A.Arul Mary, Counsel For Respondent Filed On 18/02/2022 Affidavit Filed By The Respondent Filed On 19.07.2022 Scanned Copy Of The Bank Guarantee Dated 04.08.2022 Filed By M/s.K.Newlin Frederick, V.Rajesh Babu, Counsel For Respondent Filed On 12.08.2022 Memo Filed On Behalf Of The Respondent By M/s.K.Newlin Frederick, V.Rajesh Babu, Counsel For Respondent Filed On 12.08.2022 Copy Of The Letter Bearing The Acknowledgement Of The Counsel For The Petitioner Filed By M/s.K.Newlin Frederick, V.Rajesh Babu, Counsel For Respondent Filed On 12.08.2022 Memo Of Compliance Filed On Behalf Of The Respondent
O R D E R
Read this order in continuation of and in conjunction with order dated 03.02.2025, that reads as follows:
Notice to the respondent. Private notice to the learned counsel who appeared for the respondent in the writ petition is also permitted. 2.Mr.K.Newlin Frederick would submit that the bank guarantee that has been executed and handed over to the Registrar General of this Court expires today. This is recorded.
3.Await report from Registrar General in this regard. 4.List on 07.02.2025.
5.Report to be filed prior to 07.02.2025 with copy served in advance on the parties.
2. Pursuant to the aforesaid order, the Registrar General has filed a report dated 06.02.2025, reading thus:
It is most respectfully submitted that in compliance with the directions of the Hon'ble Court in order dated 03.02.2025 made in Sub Appl. No.88 of 2025 in Contempt Petition No.382 of 2018 in A.No.3581 of 2017, the following report is submitted for your Lordship's kind consideration and further orders: It is respectfully submitted that in compliance with the orders of the Hon'ble Court dated 18.07.2022 and 18.08.2022, M/s.K.Newlin Frederick & V.Rajesh Babu, Counsel for the Respondent, have sent a letter to the Registry dated 24.08.2022 enclosing the original Bank Guarantee in No.37350ILG001022 dated 04.08.2022 for a sum of Rs.3,66,00,000/- (Rupees Three Crores Sixty Six Lakhs only) issued by Punjab National Bank, Mandvi Branch, Mumbai, in favour of the Registrar General, High Court, Madras, for the period from 04.08.2022 to 03.08.2023, which was submitted by M/s.Garuda Aviation Services Pvt. Ltd., the Respondent herein.
It is further submitted that subsequently, M/s.K.Newlin Frederick & V.Rajesh Babu, Counsel for the Respondent, have sent a letter to the Registry dated 24.08.2023 enclosing the original Extension/Amendment of the aforesaid Bank Guarantee No.37350ILG001022 dated 04.08.2022 (Bond dated 09.08.2023) for a sum of Rs.3,66,00,000/- (Rupees Three Crores Sixty Six Lakhs only) issued by Punjab National Bank, Mandvi Branch, Mumbai, in favour of the Registrar General, High Court, Madras, which was further extended till 03.02.2024. The terms of the Bank Guarantee is extracted hereunder:
"Nothwithstanding anything to the contrary contained herein:- (i) Our liability under this Guarantee shall not exceed Rs.3,66,00,000/- (Rupees Three crores sixty six lacs only) (ii) This Bank Guarantee shall be valid up to 03.02.2024 (being the date of expiry of the Guarantee) (iii) Further, a claim period of 12 months after the validity period (claim period up to 03.02.2025) is available to you to make a demand under the Bank Guarantee, in respect of a cause of action which has arisen during the validity period only;
(iv) We are liable to pay up to the guarantee amount only and only, if we receive from you a written claim on or not later than 6 months from the said expiry dated i.e. 03.02.2025 (date of expiry of guarantee) In this connection, it is further respectfully submitted that the aforesaid Bank Guarantee has been kept in the safe custody of the Registry and no letter has been received from the counsel for the respondent till date, in respect of extension of the said Bank Guarantee.
Dr.ANITA SUMANTH,J.
3. In light of the report of the Registrar General dated 06.02.2205, the bank guarantee bearing No.37350ILG001022 dated 04.08.2022 for a sum of Rs.3,66,00,000/- be returned to the petitioner upon production of a copy of this order, with due acknowledgement.
4. With this, the Sub-Application is closed. No costs. 07-02-2025 sl SUB APPL NO. 88 of 2025 To
1. Airports Authority of India, Rep by Airport Director, Chennai Airport, Chennai 600 027.
CONT P NO. 382 of 2018
1. MR. AKBAR BASHAH Rep. By Airport Director Chennai Airport Chennai 600 027 SUB APPL NO. 88 of 2025 IN CONT P NO. 382 OF 2018