M/S.Bbcl Shrishti Homes Llp v. D.K.Bhagavathi Nath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2025

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE C.M.P.No.12921 of 2023 in C.M.P.No.11442 of 2023 in C.M.P.No.10475 of 2023 in C.R.P.No.1603 of 2023 and C.M.S.A.No.26 of 2022, C.R.P.No.3734 of 2022 & C.M.P.No.6379 & 19691 of 2022 M/s.BBCL Shrishti Homes LLP, Represented by its Designated Partner, Mr.Vummidi Ananth, No.20, Mylai Ranganathan Street, T.Nagar, Chennai - 600 017.

... Petitioner -Vs1. D.Bhagavathi Nath

2. B.Rajalakshmi

3. T.S.Manohar

4. The District Collector, Kanchipuram District, Kanchipuram District Collector Office, Tamil Nadu.

... Respondents For Petitioner :

Mr.P.H.Aravind Pandian Senior Counsel for Mr.Vikram Veerasamy For Respondents :

Mr.P.Santhosh for Mr.K.Govi Ganesan for R1 1/4

O R D E R

(Order of the Court was made by R.SURESH KUMAR, J.) At the request of the learned counsel for the petitioner, this matter is taken up for being mentioned.

2. It is stated by Mr.P.H.Aravind Pandian, learned Senior Counsel appearing for the petitioner that, as directed by this Court in the order dated 18.02.2025, the Bank Guarantee was produced before the Tribunal, where, even though the expiry date has been mentioned as 28.05.2024, the date for making the claim is valid till 28.05.2025. Learned Senior Counsel submits that, if at all beyond 28.05.2025 the litigation prolongs, the Bank Guarantee where the validity period for making claim since expires on 28.05.2025 has to be necessarily renewed by the petitioner and re-submitted to the Tribunal after renewal. Therefore, in order to facilitate the petitioner to renew and resubmit the Bank Guarantee after 28.05.2025 if need arises, the petitioner has to be permitted.

3. Since the validity date for claim expires on 28.05.2025, before which if the litigation between the parties is not concluded, certainly the Bank Guarantee being conditional order, has to be renewed beyond 28.05.2025. 2/4

Therefore, in order to facilitate the petitioner to make such renewal and resubmit the Bank Guarantee to the Tribunal again, the petitioner is to be permitted. Accordingly, such a clarification is issued and necessary orders to that effect as and when required may be passed by the Tribunal. With this direction, the order dated 18.02.2025 passed by this Court is clarified. [R.S.K., J.] [A.D.M.C., J.] 24.02.2025 KST 3/4

R.SURESH KUMAR, J.

AND Dr.A.D.MARIA CLETE, J.

KST C.M.P.No.12921 of 2023 in C.M.P.No.11442 of 2023 in C.M.P.No.10475 of 2023 in C.R.P.No.1603 of 2023 and C.M.S.A.No.26 of 2022, C.R.P.No.3734 of 2022 & C.M.P.No.6379 & 19691 of 2022 24.02.2025 4/4