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2020 Supreme(Del) 972

C.HARI SHANKAR
Hild Energy Private Limited – Appellant
Versus
Energy Efficiency Services Limited – Respondent


Advocates Appeared:
Rajiv Nayar, Advocate, Jayesh Dolia, Advocate, R.V. Prabhat, Advocate, Jaspal Singh, Advocate, Saurabh Seth, Advocate, Samdarshi Sanjay, Advocate, Sharat Tyagi, Advocate, Yukti Makan, Advocate

JUDGMENT

C. Hari Shankar, J. - The prayer clause, in this petition reads thus:

    "In view of the aforementioned facts and circumstances, it is most respectfully prayed that this Hon''ble Court may be pleased to :

      (A) Restrain Respondent No. 1 from invoking the Bank Guarantee No. 11650100016476, dated 28.08.2019, for an amount of Rs. 4,16,00,000/- (Rupees Four Crore Sixteen Lakh Only), issued by Respondent No. 2, on behalf of the Petitioner, to Respondent No. 1 and from receiving any payment under such invocation;

        (B) Restrain Respondent No. 2 from releasing the amount under the Bank Guarantee No. 11650100016476, dated 28.08.2019, for an amount of Rs. 4,16,00,000/- (Rupees Four Crore Sixteen Lakh Only), issued by Respondent No. 2, on behalf of the Petitioner, to Respondent No. 1;

          (C) Restrain Respondent No. 1 from awarding the fresh Letter of Award to any third party for undertaking the work which was earlier awarded to the Petitioner vide the Letter of Award dated 20.12.2019;

            (D) Secure the Bank Guarantee No. 11650100016476, dated 28.08.2019, for an amount of Rs. 4,16,00,000/- (Rupees Four Crore Sixteen Lakh Only), issued by Respondent No. 2, on behalf of the Petitioner, to Respondent

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