Allowed

Tata Capital Limited (Transferee of Tata Capital Financial Services Ltd.) v. M/S. Jerath Path Labs & Ors.

Delhi HC4 Sept 2024O.M.P.(I) (COMM.)/188/2024

Case brief

AI extract

What is this about?

Petitioner sought order under Section 9 seeking security/bank guarantee. Court, finding service by e-mail was effected and respondents had participated via notice issuance but did not appear, allowed continuation of interim order dated 03.07.2024 requiring Rs 4 Crores security upon respondents.

What the court decided

AI extract

Tata Capital Limited (Transferee of Tata Capital… — Specific Performance | Delhi HC (2024)

¶1

$~5

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- O.M.P.(I) (COMM.) 188/2024

¶4

TATA CAPITAL LIMITED (TRANSFEREE OF TATA CAPITAL FINANCIAL SERVICES LTD.) .....Petitioner

¶5

Through: Ms. Ekta Bhasin, Mr. Sanidhya Sonthalia, Advs.

¶6

versus

¶7

M/S. JERATH PATH LABS & ORS. .....Respondents

¶8

Through:

¶9

CORAM:

¶10

HON'BLE MR. JUSTICE JASMEET SINGH

¶11

O R D E R

¶12

% 04.09.2024

¶13

This is a petition under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim order to furnish the security and/or bank guarantee for a sum of Rs 4,68,01,271/- during the pendency of the arbitration proceedings.

¶14

When the matter came up for hearing on 03.07.2024, this Court attached the bank account of Respondent No. 4 bearing A/c No. 2272002100016021 with Punjab National Bank, Kapurthala Road, Jalandhar for a sum of Rs. 4,68,01,271/-.

¶15

Notice was issued and as per the affidavit of service, the E-mail has been served to Responent No. 1 at jerathpathlabshotmail.com which is the E-mail id given in the Master Lease Agreement (“ MLA ”) and Respondent No. 4 i.e. Kumar Healthcare has been served at [email protected] which is the E-mail id that has been placed

¶16

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/09/2024 at 12:23:15

¶17

on record and also on the purchase order showing the e-mail id of respondent No. 4.

¶18

For the said reasons, I am satisfied that the respondents have been served.

¶19

Despite service, there is nobody appearing on behalf of the respondents.

¶20

For the said reasons, the interim order dated 03.07.2024 shall continue to subsist during the arbitration proceedings.

¶21

The petition is disposed of.

¶22

JASMEET SINGH, J

¶23

SEPTEMBER 4, 2024/DM

¶24

Click here to check corrigendum, if any

¶25

This is a digitally signed order.

¶26

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/09/2024 at 12:23:15

Tata Capital Limited (Transferee of Tata Capital Financial Services Ltd.) v. M/S. Jerath Path Labs & Ors.

Case brief

What is this about?

What the court decided

Tata Capital Limited (Transferee of Tata Capital Financial Services Ltd.) v. M/S. Jerath Path Labs & Ors.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Era Infra Engineering Ltd. Vs NTPC Ltd.

Colliers International (India) Property Services Pvt. Ltd. Vs Vipul It Infra-Soft Pvt. Ltd.

M/S Star Shares & Stock Brokers Ltd. Vs Praveen Gupta & Anr.

Mr. Inderpreet Singh Bhatia Vs Satish Tandon & Ors.

Tata Capital Limited (Transferee of Tata Capital Financial Services Ltd.) Vs M/S Jerath Path Labs & Ors.

Mr. Inderpreet Singh Bhatia Vs Satish Tandon & Ors.