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2020 Supreme(Del) 482

SURESH KUMAR KAIT
Indrajit Power Private Limited – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sandeep Sethi, Sr. Adv. with Ms.Purti Marwaha, Adv.
For the Respondent: Ms.Maninder Acharya, ASG with Mr.Jasmeet Singh, CGSC for R-1 to 4.

JUDGMENT :

Crl. M.A.10268-69/2020

1. Allowed, subject to all just exceptions.

2. Applications are disposed of.

W.P.(C) No.2957/2020 & Crl.M.A.10270/2020

3. The instant writ petition under Article 226/227 of the Constitution of India has been filed praying for issuance of a writ of Certiorari for quashing the email dated 04.04.2020 received by the petitioner company on 06.04.2020 whereby the respondent no.1 has passed a decision to appropriate the Bank Guarantee No. 0018215IPG000019 dated 13.04.2015. Consequently, a writ of Mandamus for direction to the respondent no.1 to refrain from appropriating the Bank Guarantee dated 13.04.2015. Further, a writ of Mandamus directing the respondent no.5 to renew the Bank Guarantee dated 13.04.2015 which is due to expire on 12.04.2020 and a writ of Mandamus for direction to the respondent no.1 to grant extension to time to complete the pending 17% milestones to make the mine operational at Nerad Malegaon Coal Mine, Maharashtra.

4. Hearing of the present petition has been conducted through video conferencing.

5. Notice issued and accepted by the res

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