Order 2

Order Details: COPY OF ORDER
Pdf Text: OMP (I) (COMM.) 72/25
M/S HAQUE CONSTRUCTION COMPANY Vs. UNION OF INDIA
02.05.2025
Present:- Sh. Abhishek Pandey, Ld. Counsel for the petitioner.
Sh. Ajay Kumar, Ld. Counsel for the respondent along with
Sh. Roop Singh, Executive Engineer.
It is stated by the Ld. Counsel for the respondent that he has
been appointed by the department of the respondent today itself and on
their instructions, he has appeared before the court. He further submits
that he will file his BTF on the next date of hearing.
During the course of arguments, Ld. Counsel for the
respondent submits that without prejudice to the rights and contentions
of the respondent in the present case, as per the instructions from the
respondent, till the next date of hearing, the respondent shall not encash
the FDR bearing no. 25212498 dated 13.09.2024 amounting to Rs.
22,01,000/-, details of which are mentioned in Para 3 (d) of the petition
which was kept by the petitioner with the respondent as performance
guarantee.
In view of the submissions of the Ld. Counsel for the
respondent, without prejudice to the rights and contentions of the
respondent in the present case, till the next date of hearing, the
respondent shall not encash the FDR bearing no. 25212498 dated
13.09.2024 amounting to Rs. 22,01,000/-, details of which are
mentioned in Para 3 (d) of the petition which was kept by the petitioner
with the respondent as performance guarantee.
Ld. Counsel for the respondent seeks two weeks time to file
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reply to the present petition.
On request, he is allowed to do so with advance copy of the
same to the Ld. Counsel for the petitioner and as prayed, the Ld.
Counsel for the petitioner is at liberty to file rejoinder to the same, if
any within one week thereafter.
Ld. Counsel for the petitioner submits that within one or two
days, the petitioner will initiate the arbitration proceedings in the
present case.
On request, put up this matter for reply and arguments, on
07.07.2025.
As prayed, copy of this order be given dasti.
(Anurag Sain)
District Judge (Commercial Court-01),
Patiala House Courts Complex,
New Delhi/02.05.2025
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