MIS INDU PROJECTS LTD v. UNION OF INDIA

Delhi High Court · 11 Nov 2013 · 2013:DHC:7064-DB
Badar Durrez Ahmed; Vibhu Bakhru
FAO(OS) 502/2013
2013:DHC:7064-DB
civil appeal_dismissed

AI Summary

The Delhi High Court dismissed the appeal against refusal of injunction on an unconditional bank guarantee invocation as infructuous after the guarantee amount was released.

Full Text
Translation output
$-33 HIGH COURT OF DELHI
FAO(OS) 502/2013
MIS INDU PROJECTS LTD ..... Appellant
Through: Ms Ginny J. Routray and Ms Tanvi Asthana, Advocates.
VERSUS
UNION OF INDIA ..... Respondent
Through: Mr Jaswinder Singh, Advocate.
CORAM:
HON'BLE MR. JUSTICE BADAR DURREZ AHMED
HON'BLE MR. JUSTICE VIBHU BAKHRU
/o 11.11.2013 CM No.17606/2013 The exemption is allowed subject to all just exceptions.
FAO(OS) 502/2013
This appeal is directed against the order dated 01.11.2013 passed by the learned Single Judge of this Court in OMP No.1097/2013. The appellant is aggrieved because its prayer for injuncting the encashment of the performance guarantee, dated 19.01.2011 for a sum of ~13,32,43,150/-, issued by the IDBI
Bank, had not been allowed. The learned Single Judge had held that the invocation was valid and the bank guarantee was unconditional. Anyhow, without going into the merits of the matter, we are informed by the learned counsel for the respondent that after the order of the learned Single Judge declining the injunction, the bank has also released the money in favour of the respondent. In that view of the matter, nothing survives in this appeal.
The same stands disposed of.
~· BADAR DURREZ AHMED, J NOVEMBER 11, 2013 2013:DHC:7064-DB
JUDGMENT