THE HONOURABLE THE ACTING CHIEF JUSTICE
M.S. RAMACHANDRA RAO
AND
THE HONOURABLE SRI JUSTICE T. VINOD KUMAR
Civil Revision Petition Nos.1492 and 1493 of 2021
COMMON JUDGMENT:
(Per Hon'ble The Acting Chief Justice M.S.Ramachandra Rao)
These two Civil Revision Petitions have been filed under Article
227 of the Constitution of India challenging the Docket Orders
dt.29.09.2021 passed in Interlocutory Application Nos.309 of 2021 and
310 of 2021 in C.O.P.No.19 of 2020 on the file of the Special Court for
Trial and Disposal of Commercial Disputes at Hyderabad contending
that the said Court erred in not taking up the said I.A.s for hearing and
adjourned them to 04.10.2021.
2. The Docket Orders indicate that the said I.A.s have been
adjourned to 04.10.2021 for filing of counter by respondents in the said
I.A.s.
3. Though counsel for Revision Petitioner strenuously contended that the Bank Guarantees given by petitioner(s) are likely to be invoked even before the said date and pressed for grant of an interim order restraining invocation of Bank Guarantees given by the petitioner to the respondent(s), we do not wish to express any opinion on the contention of the counsel for petitioner.
HACJ & TVK,J
::2:: crp_1492&1493_2021
4. However, we direct the said Court to decide Interlocutory Application Nos.309 of 2021 and 310 of 2021 in C.O.P.No.19 of 2020 on 04.10.2020 after hearing both sides if a counter-affidavit is filed by the respondent, and if no such counter-affidavit is filed, the said Court shall consider whether any interim order can be granted to petitioner restraining invocation of the said Bank Guarantees keeping in mind the settled principles of law on the said point.
5. Accordingly, the Civil Revision Petitions are disposed of as above. No order as to costs.
6. As a sequel, miscellaneous petitions pending if any in these Petitions, shall stand closed.
________________________________ M.S.RAMACHANDRA RAO, ACJ _______________________ T.VINOD KUMAR, J Date: 27.09.2021 Note :
(i) Communicate copy of this order to the the Special Court for Trial and Disposal of Commercial Disputes, at Hyderabad immediately.
(ii) Issue C.C. tomorrow.
B/o.
Ndr