Organizing Committee ... vs Pico Deepali Overlays Consortium ...
2016 Latest Caselaw 1850 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                Judgment reserved on : 30th January, 2016
%                              Judgment pronounced on: 8th March, 2016

+                    O.M.P.(I) (COMM.) 75/2015

       ORGANIZING COMMITTEE COMMONWEALTH GAMES,2010
                                                   ..... Petitioner
                    Through Mr.Maninder Singh, Sr. Adv. with
                            Mr.Neeraj Sharma, Ms.Archana
                            Lakhotia, Mr.Karan Kanwal and
                            Ms.Shruti, Advs.
                    versus

       PICO DEEPALI OVERLAYS CONSORTIUM AND ANOTHER
                                                 ..... Respondents
                     Through Ms.Meenakshi Arora, Sr. Adv. with
                             Mr.Dharmendra Rautray, Ms.Tara
                             Shahani and Mr.Ankit Khushu, Advs.
                             for R-1.
                             Mr.Shikher Garg, Adv. with
                             Mr.Abhishek Gupta, Adv. for R-2.

       CORAM:
       HON'BLE MR.JUSTICE MANMOHAN SINGH

MANMOHAN SINGH, J.

1. The abovementioned petition under Section 9 of the Arbitration and Conciliation Act, 1996 has been filed by the petitioner seeking the following prayer :

a) Stay the discharge of the Performance Bank Guarantee issued by the State Bank of India bearing (i) No.0999910FBG0000448 dated

June 15, 2010 and (ii) No.0999910FBG0000447 dated June 15, 2010; and

b) Direct the respondent to keep the Performance Bank Guarantee issued by the State Bank of India bearing (i) No.0999910FBG0000448 dated June 15, 2010 and (ii) No.0999910FBG0000447 dated June 15, 2010 alive till the conclusion of the proceedings under the Arbitration and Conciliation Act, 1996; or in the alternative

c) Permit the petitioner to encash the Performance Bank Guarantee issued by the State Bank of India bearing (i) No.09999FBG0000448 dated June 15, 2010 and (ii) No.0999910FBG0000447 dated June 15, 2010.

2. In view of the judgment passed in OMP (Comm) No.30/2015, nothing survives in the petition, the same is accordingly dismissed.

3. No costs.

(MANMOHAN SINGH) JUDGE MARCH 08, 2016