F.Harley And Company Private. Ltd. v. Bgr Energy Systems Limited
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 17TH DAY OF FEBRUARY 2020 THE HON'BLE MR. JUSTICE M.SUNDAR O.A. Nos.1038 AND 1043 OF 2019 O.A. No.1038 of 2019:
In the matter of Arbitration and Conciliation Act, 1996 and In the matter of Dust Suppression System Purchase Order No.3100029129 dated 20/08/2018 and In the matter of disputes between F.Harley and Company Private Limited Vs.M/s.BGR Energy Systems Limited.
F.HARLEY AND COMPANY PRIVATE LIMITED Rep.by its Managing Director Mr.Namit Shah with its registered office at No.5 Rameshwar Shaw Road, Kolkata - 700 014.
..Applicant -vsM/S.BGR ENERGY SYSTEMS LTD.
No.443 Anna Salai, Teynampet, Chennai - 600 018 also having office at A-5, Pannamgadu Industrial Estate, Ramapuram Post, Sullurpet Tk, Nellore Dt., Andhra pradesh 524 401.
... Respondent
/ 2 / O.A.NO.1038 OF 2019:
Original Application praying that this Hon'ble Court be pleased to injunct the Respondent from encashing the Advance Bank Guarantee valued at Rs.34,20,000/- (Rupees Thirty Four Lakhs Twenty Thousand) numbered as 0006BGR0089619 dated 28/09/2018 issued by the ICICI Bank and the contract performance Bank Guarantee valued at Rs.34,20,000/- numbered as 0006BGR0089519 dated 29/09/2018 issued by the ICICI Bank, in favour of the Respondent, pending disposal of the Arbitration proceedings. O.A.No.1043 of 2019:
In the matter of Arbitration and Conciliation Act, 1996 and In the matter of Dust Suppression System Purchase Order No.3500008541 dated 24/04/2018 and In the matter of disputes between F.Harley and Company Private Limited Vs.M/s.BGR Energy Systems Limited.
F.HARLEY AND COMPANY PRIVATE LIMITED Rep.by its Managing director Mr.Namit Shah with its registered office at No.5 Rameshwar Shaw Road, Kolkata - 700 014.
..Applicant -vsM/S.BGR ENERGY SYSTEMS LTD.
No.443 Anna Salai, Teynampet, Chennai 600 018
/ 3 / also having office at A-5, Pannamgadu Industrial Estate, Ramapuram Post, Sullurpet Tk, Nellore Dt., Andhra pradesh 524 401.
... Respondent O.A.NO.1043 OF 2019:
Original Application praying that this Hon'ble Court be pleased to injunct the Respondent from encashing the Advance Bank Guarantee valued at Rs.54,50,000/- (Rupees Fifty Fourt Lakh Fifty Thousand), numbered as 0006BGR0025219 dated 28/05/2018 and the Contract Performance Bank Guarantee Valued at Rs.54,50,000/- numbered 0006BGR0025419 dated 28/05/2018, issued in favour of the Respondent, pending disposal of the Arbitration Proceedings. These Original Applications coming on this day before this court for hearing the court made the following order: Mr.K.V.Kartik Subramanian, learned counsel for applicant in both these applications, submits that he has instruction from the applicant to withdraw these applications. Learned counsel has made an endorsement in each of the applications, which reads as follows: 'The Application may be permitted to be withdrawn. Sd/- Counsel for Applicant'
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2. Endorsement is reiterated in the hearing.
In the light of the endorsement and reiteration of the same, instant applications are dismissed as withdrawn.
Sd/.M.S.J.
17.02.2020 //Certified to be a true copy// Dated this the day of 2020.
SU/28.02.2020 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.