Disposed

Inderjit Mehta Constructions Pvt. Ltd. through Its Director Sh Amarjit Mehta v. Major General Hari Singh

Delhi HC16 May 2024CONT.CAS(C)/309/2022

Case brief

AI extract

What is this about?

Petition alleging willful disobedience of an Arbitral Tribunal order directing release of bank guarantees. Court took on record a prior order where respondent's counsel stated bank guarantees would be kept alive during pendency of appeal. Petition disposed of with liberty to revive.

What the court decided

AI extract

Inderjit Mehta Constructions Pvt. Ltd. through Its Director Sh… — Arbitration | Delhi HC (2024)

¶1

$~102

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CONT.CAS(C) 309/2022

¶4

INDERJIT MEHTA CONSTRUCTIONS PVT LTD THROUGH ITS DIRECTOR SH AMARJIT MEHTA ..... Petitioner Through: Ms. Malvica Satija, Advocates

¶5

versus

¶6

MAJOR GENERAL HARI SINGH ..... Respondent

¶7

Through: Ms. Pratima N. Lakra, Mr. Chandan Prajapati, Advocates. Mob: 9968324260

¶8

CORAM: HON'BLE MS. JUSTICE MINI PUSHKARNA

¶9

O R D E R % 16.05.2024

¶10

The present petition has been filed alleging willful disobedience of the order dated 31^st January, 2022 passed by the Arbitral Tribunal, wherein, the following direction had been passed:

¶11

“xxx xxx xxx

¶12

13. In view of the above, it is held that the Respondent has failed to prirma facie justify the retention of Bank Guarantees. Accordingly, the Tribunal directs the Respondent to forthwith release the Performance Bank Guarantee (five percent) and the Retention Bank Guarantee of Rs.2 Crores to the Claimant within two weeks from the receipt of the Order.

¶13

xxx xxx xxx”

¶14

The present petition was filed, since the aforesaid order was not complied with, by the respondent.

¶15

This is a digitally signed order.

¶16

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 21/05/2024 at 11:33:41

¶17

Today, learned counsel appearing for the respondent has handed over a copy of order dated 13^th December, 2022 passed in ARB.A.(COMM.) 16/2022 , wherein it has been noted as follows:

¶18

“xxx xxx xxx

¶19

9. Learned counsel for the respondent submits that the Bank Guarantees in question, i.e., Performance Bank Guarantee and Retention Bank Guarantee, shall be kept alive by the respondent during the pendency of the present appeal. The said statement by learned counsel for the respondent is taken on record and it is ordered accordingly.

¶20

xxx xxx xxx”

¶21

The aforesaid order is taken on record.

¶22

Thus, in view thereof, no further orders can be passed by this Court. Accordingly, the present petition is disposed of, with liberty to the petitioner to revive the present petition, in case the grievance of the petitioner still survives.

¶23

MINI PUSHKARNA, J

¶24

MAY 16, 2024 ak

¶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 21/05/2024 at 11:33:41

Inderjit Mehta Constructions Pvt. Ltd. through Its Director Sh Amarjit Mehta v. Major General Hari Singh

Case brief

What is this about?

What the court decided

Inderjit Mehta Constructions Pvt. Ltd. through Its Director Sh Amarjit Mehta v. Major General Hari Singh

Case brief

What is this about?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Burlington Luxury Brands Private Limited and Ors. Vs Genesis Finance Company Ltd. and Anr.

Smt. Paramjit Kaur Vs Mr. Kamal Yadav & Ors.

Parveen Kumar Vs Kapil Goyal & Ors.

Parveen Kumar Vs Kapil Goyal & Ors.

Surender Kumar Vs Garima Gupta

Richa Bhutani Vs Manish Bhutani

Mayank Singhee Vs R C Mishra

Mohd Parvez Vs Municipal Corporation of Delhi & Ors.

Burlington Luxury Brands Private Limited and Ors. Vs Genesis Finance Company Ltd. and Anr.

Sh. Inderjeet Vs Delhi Development Authority and Ors.

Shri Subhash Vs Delhi Development Authority DDA & Ors.

Jitender & Anr. Vs Ms. Navneet Mann & Anr.

Gurmeet Kaur Vs Government of NCT of Delhi & Ors.

Mohan Lal Vs Shri Gyanesh Bharti and Ors.