M/S Ofb Tech Pvt Ltd vs M/S Chaitanya Energy Private ...
2023 Latest Caselaw 3630 Tel

     THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
                        AND
     THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR

                   WRIT APPEAL No.1046 of 2023

JUDGMENT: (per the Hon'ble the Chief Justice Alok Aradhe)

       Mr. D.V. Sitharam Murthy, learned Senior Counsel

represents Mr. A. Chandra Shaker, learned counsel for the

appellant.

2.     This intra court appeal has been filed against

an interim order dated 12.10.2023 passed by a learned Single

Judge by which the appellant herein has been directed not to

encash/allow fraudulent invocation of bank guarantee of

Rs.13.5 crores.

3.     Learned counsel for the appellant has made following

submissions:

             i)      The Writ Petition preferred by respondent

No.1 herein is not maintainable.

ii) Respondent No.1 herein has approached the

Court with unclean hands and is guilty of

suppression of facts.

CJ & NVSK, J

4. We have heard the learned counsel for the appellant and

have perused the record.

5. The appellant has entered appearance in the proceedings

before the learned Single Judge and the proceedings before the

learned Single Judge are fixed on 10.11.2023.

6. In view of aforesaid, we are not inclined to entertain the

Writ Appeal. Needless to state that the appellant shall be at

liberty to file an application seeking vacation of the order

dated 12.10.2023 which shall be dealt with on its own merits

by the learned Single Judge expeditiously.

7. With the aforesaid observation, the Writ Appeal is

disposed of.

Miscellaneous applications, if any pending, shall stand

closed. There shall be no order as to costs.

___________________ ALOK ARADHE, CJ

________________________ N.V.SHRAVAN KUMAR, J 6th NOVEMBER, 2023.

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