M/S. Viraj Projects I Pvt. Ltd vs Trendsetjayabheri Projects Llp ...
2021 Latest Caselaw 2791 Tel

         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