Bharat Heavy Electricals Limited ... vs Optimal Power Synergy India Pvt ...
2021 Latest Caselaw 1337 Cal/2

OD-1
                                    IA NO. GA/1/2020
                                     In AP/175/2020
                          IN THE HIGH COURT AT CALCUTTA
                           Ordinary Original Civil Jurisdiction
                                    ORIGINAL SIDE


          BHARAT HEAVY ELECTRICALS LIMITED ELECTRIC DIVISION
                                 Vs
                 OPTIMAL POWER SYNERGY INDIA PVT LTD


  BEFORE:
  The Hon'ble JUSTICE TIRTHANKAR GHOSH

Date : 26th October, 2021.

[Vacation Bench] Appearance:

Mr. Yousef Khan, Adv.

Mr. Arindam Paul, Adv.

Mr. Saikat Pal, Adv.

...for petitioner.

The Court: The learned Advocate appearing for the petitioner submits

that for reasons beyond his control one of the conditions so imposed in the

judgment dated 01.09.2021 could not be complied with. Learned Advocate draws

attention of the Court to paragraph 20 and submits that so far the cash deposit so

directed is concerned, the same has been deposited with the Registrar, Original

Side, and the balance 50% which was to be secured by way of a bank guarantee of

a reputed bank the same could not be complied within the time frame.

Learned Advocate submits that the bank guarantee is ready and as the time

period so directed in the judgment dated 01.09.2021 has lapsed in the meantime,

the Registrar, Original Side, is reluctant to accept the same. In view of the

submissions so made, the petitioner is granted liberty to deposit the documents

relating to bank guarantee latest by 27th October, 2021 with the Registrar,

Original Side. The acceptance of the same shall be subject to consideration of the

Regular Bench.

Let the matter appear before the Regular Bench on 9th November, 2021.

(TIRTHANKAR GHOSH, J.)

S.Chanda/SK