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2006 Supreme(Del) 560

REKHA SHARMA, VIJENDER JAIN
SATLUJ JAL VIDYUT NIGAM LTD. – Appellant
Versus
JAI PRAKASH HYUNDAI CORSORTIUM – Respondent


VIJENDER JAIN, J.

( 1 ) THIS appeal has been preferred by Satluj Jal Vitran Nigam Ltd. (hereinafter referred to as sjvn ) impugning the order of the learned Single judge, wherein the learned Single Judge restrained the appellant from invoking the existing Bank Guarantee given by the respondent towards performance security and retention money for the purpose of recovery of outstanding ad hoc amount from the respondent at this stage. The learned Single Judge in the impugned order has further directed that the interest of the appellant could be safeguarded to the extent of the outstanding amount of the ad hoc payment by asking the respondent to furnish a new Bank Guarantee of the equivalent amount in favour of the appellant till the settlement of all the disputes between the parties in relation to the contract through the Departmental Review Board/adrb. This part of the impugned order of the learned Single Judge directing the respondent to furnish Bank Guarantee of the equivalent amount in favour of the appellant has been impugned by the respondent Jai Prakash Hyundai Consortium (hereinafter referred to as JHC) by filing another appeal being [fao (OS) no. 129/2005]. We propose to dis





















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