Omaxe Infrastructure & Construction Ltd v. Director Contract(Union of India)

RAJIV SAHAI ENDLAW, J. DECEMBER 24, 2014 "bs"

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 24th December, 2014. + O.M.P. 1641/2014 & I.A. No.26253/2014 (u/O 6 R-17 CPC) OMAXE INFRASTRUCTURE AND CONSTRUCTION LTD ..... Petitioner Through: Mr. Kapil Sibal, Sr. Adv. with Mr. Sandeep Sharma, Mr. Vikas Sharma, Mr. Amit Chaudhary & Ms. Risha Mittal, Advs. Versus DIRECTOR CONTRACT (UNION OF INDIA) ..... Respondent Through: Mr. Jaswinder Singh & Mr. Saqib, Advs. AND + O.M.P. 1642/2014 & I.A. No.26254/2014 (u/O 6 R-17 CPC) M/S OMAXE INFRASTRUCTURE AND CONSTRUCTION PVT. LTD. ..... Petitioner Through: Mr. Kapil Sibal, Sr. Adv. with Mr. Sandeep Sharma, Mr. Vikas Sharma, Mr. Amit Chaudhary & Ms. Risha Mittal, Advs. Versus UNION OF INDIA, DIRECTOR GENERAL, MARRIED ACCOMMODATION PROJECT PHASE-II, ..... Respondent Through: Mr. Jaswinder Singh & Mr. Saqib, Advs. AND + O.M.P. 1643/2014 & I.A. No.26255/2014 (u/O 6 R-17 CPC) M/S OMAXE INFRASTRUCTURE AND CONSTRUCTION LTD. ..... Petitioner Through: Mr. Kapil Sibal, Sr. Adv. with Mr. Sandeep Sharma, Mr. Vikas Sharma, Mr. Amit Chaudhary & Ms. Risha Mittal, Advs. Versus DIRECTOR GENERAL, MARRIED ACCOMMODATION PROJECT (PHASE -II) ..... Respondent Through: Mr. Jaswinder Singh & Mr. Saqib, Advs. CORAM:- HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. Each of these petitions, under Section 9 of the Arbitration and Conciliation Act, 1996, seeks the interim measure of restraining the sole respondent in each of the petitions namely Director General, Married Accommodation Project, E-in-C"s Branch, Integrated HQ of MoD (Army), Kashmir House, Rajaji Marg, New Delhi from invoking and encashing the bank guarantees furnished at the instance of the petitioner in favour of the respondent. 2. O.M.P. No.1641/2014 is filed with respect to bank guarantee Nos. 172113ILPER0014, 172113ILFIN1619, 172113ILFIN1620, 172113ILFIN1621, 172113ILFIN1622, 172113ILFIN1623, 172113ILFIN1624, 172113ILFIN1625 and 172113ILFIN1626 valid upto 10th February, 2015, 10th March, 2015, 10th March, 2015, 10th March, 2015, 10th March, 2015, 10th March, 2015, 10th March, 2015, 10th March, 2015 and 10th March, 2015 respectively for an amount totaling Rs.9,89,28,900/- furnished by the United Bank of India (UBI), Nehru Place, New Delhi at the instance of the petitioner in favour of the respondent. 3. O.M.P. No.1642/2014 is filed with respect to the bank guarantee Nos.172113ILPER0015, 172113ILFIN1634, 172113ILFIN1635, 172113ILFIN1636 and 172113ILFIN1637 valid upto 10th February, 2015, 10th March, 2015, 10th March, 2015, 10th March, 2015 and 10th March, 2015 respectively for an amount totaling Rs.8,89,63,310/- furnished by the United Bank of India, Nehru Place, New Delhi at the instance of the petitioner in favour of the respondent. 4. O.M.P. No.1643/2014 is filed with respect to the bank guarantees No.172113ILPER0018, 172113ILFIN1629, 172113ILFIN1630, 172113ILFIN1631, 172113ILFIN1632 and 0170813IPG000307 valid upto 10th February, 2015, 10th March, 2015, 10th March, 2015, 10th March, 2015, 10th March, 2015 and 12th May, 2015 respectively for an amount totaling Rs.14,68,61,000/- furnished by the United Bank of India, Kolkata / Nehru Place, New Delhi and Allahabad Bank, Kolkata / Okhla Branch, New Delhi at the instance of the petitioner in favour of the respondent. 5. All the three petitions were listed on urgent mentioning in the post- lunch session on 19th December, 2014, when the counsels for the respondent appeared on advance notice. It was however represented by the petitioner on that date that owing to the urgency of the relief claimed and the paucity of time, all the requisite papers could not be filed and perused and, while seeking ad-interim injunction, time therefor was sought. The counsel for the respondent had however opposed the adjournment and contended that the petitioner is guilty of concealment of material documents and facts. It was stated that M/s Reacon Engineers (India) Pvt. Ltd. claimed to have purchased the petitioner company and had in a letter written to the responde