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2018 Supreme(Del) 2167

NAVIN CHAWLA
Larsen & Toubro Ltd. – Appellant
Versus
Delhi Metro Rail Corporation Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Atul Sharma, Mr. Ravi Varma, Mr. Suadat Kirmani, Mr. Abhinav Sharma & Mr.Lakshay Khanna, Advs.

JUDGMENT :

NAVIN CHAWLA, J.

1. These petitions have been filed by the petitioner seeking an order restraining the respondent no. 1 from invoking and/or encashing the Performance Bank Guarantees furnished by the petitioner in terms of the Contracts executed between the parties. As common questions are involved in these petitions, the facts are taken from OMP (I) (COMM) 329/2018.

2. The petitioner had been awarded the work of construction of elevated viaduct, 6 elevated stations viz Aluva, Pulinchodu, Companypady, Ambattukavu, Muttom, Kalamassery (from chainage -120.000m to 7055.218m) including architectural finishing works of stations and connecting elevated viaduct and ramp to depot at Muttom on Aluva-Petta line'. The petitioner had submitted the Performance Bank Guarantee in question in compliance with the terms of the Agreement executed between the parties. The time for completion of the project was 24 months from the commencement date, however, admittedly there was delay in completion of the work, which the petitioner contends was for reasons attributable to the respondent no. 1. The respondent no. 1 had granted extension of time for completion of the work by various letters from t





































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