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2021 Supreme(SC) 376

SANJAY KISHAN KAUL, HEMANT GUPTA
Atlanta Infrastructure Ltd. (Rechristened as Atlanta Ltd. ) – Appellant
Versus
Delta Marine Company – Respondent


Advocates appeared:
For the Petitioner(s):Chirag M. Shroff, Advocate
For the Respondent(s):Anupam Lal Das, Dipesh Sinha , Anirudh Singh, Krishanu Barua, Advocates

JUDGMENT :

SANJAY KISHAN KAUL, J.

1. Leave granted. Learned counsel for the respondent accepts notice.

2. Heard learned counsel for the parties.

3. The fate of a suit against encashment of bank guarantee still hangs in balance after almost two decades. It is only as a result of the push given by this court that the suit culminated in a dismissal order on 8.11.2019.

4. Respondent No. 1, the original plaintiff, preferred an appeal before the learned Addl. District Judge, Khurda. On 18.11.2019, the appellate court passed an interim order restraining the release of payment of bank guarantee, which order was confirmed on 19.11.2020. On 6.1.2020, this court passed an order in SLP (C) No. 6394/2017 directing disposal of the appeal within a period of three months from the next date i.e. 24.1.2020. Meanwhile, respondent No. 1 moved an application under Order 41 Rule 27 of the CPC seeking admission of copy of the report of expert opinion dated 4.12.2019 under Section 45 of the Evidence Act. They sought to place on record some documents of the appellant with an objective of signature comparison. Such a request was rejected by the learned ADJ, Khurda vide order 18.02.2020. Respondent No. 1 then fil

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