Transline Technologies Pvt. Ltd. vs Net India
2015 Latest Caselaw 6671 Del

$~22.
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CS(OS) 1776/2015 & IA No.12398/2015
     TRANSLINE TECHNOLOGIES PVT. LTD.          ..... Plaintiff
                   Through: Mr. Amit Kumar Singh, Advocate

                       versus

     NET INDIA                                       ..... Defendant
                       Through: None

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI

                       ORDER

% 07.09.2015

1. The present suit has been instituted by the plaintiff against the

defendant praying inter alia for declaration to the effect that the

defendant is not entitled to terminate the contract awarded to the

plaintiff and further, not entitled to encash a Bank Guarantee bearing

No.0505114BG0001494, dated 9.6.2014, amounting to a sum of

Rs.1,69,98,191/-, issued by State Bank of India .

2. It is pertinent to note that the present suit was listed before the

Vacation Bench on 1.6.2015, on which date, the court had declined to

grant an ex-parte ad interim injunction in favour of the plaintiff.

However, summons were issued to the defendant, returnable for

8.7.2015. On 8.7.2015, the case was adjourned to 12.8.2015. In the

meantime, the plaintiff had failed to file the process fee. On the last

date of hearing, it was enquired from the counsel for the plaintiff as to

whether the defendant had encashed the Bank Guarantee in question.

3. Today, learned counsel for the plaintiff confirms the fact that the

Bank Guarantee has remained alive. He further states that the

plaintiff is continuing to execute the project awarded to it by the

defendant and the same shall be concluded by the end of October

2015. He requests that the present suit may be disposed of with

liberty granted to the plaintiff to ask for its revival in the event the

defendant seeks to encash the subject Bank Guarantee before

31.10.2015.

4. In view of the submission made hereinabove, the present suit is

disposed of, along with pending application, with liberty granted to the

plaintiff as prayed for.

HIMA KOHLI, J SEPTEMBER 07, 2015 mk/rkb