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2007 DIGILAW 887 (SC)

Buffalo Traders Welfare Asson. v. UOI

2007-05-16

A.K.MATHUR, ASHOK BHAN, S.B.SINHA

body2007
ORDER : 1. Counsel for the contractor, after taking instructions from the contractor who is present in the Court, states that subject to the final orders to be passed by this Court regarding the cost of the entire project, contractor shall continue with the work provided his bank guarantees are released. He also states that he shall not remove the machinery from the site and pledge the same in favour of the MCD till further orders. 2. Counsel appearing for MCD, after taking instructions from S/Shri Naresh Kumar, Additional Commissioner, MCD and Ravi Dass, Engineer-in-Chief, who are present in court , states that simultaneously with the pledging of the machinery in favour of MCD, MCD shall release the bank guarantee. MCD shall have no objection to the removal of the machinery from the present site for its installation. 3. In view of the above statements made by the respective counsel, we direct the contractor to pledge the machinery in favour of the MCD till further orders and on the pledging of the same, MCD shall release the bank guarantee worth rupees twenty five crores given by the contractor and the remaining bank guarantee shall continue to be with MCD as performance guarantee. MCD shall also pay a sum of rupees ten crores on account to the contractor within thirty days from today. 4. In the meantime, contractor should continue with the works; civil, electrical as well as installation of the machinery. Parties should try to settle the cost of the entire project by mutual negotiations. Counsel for the contractor assures that there would be no laxity on the part of the contractor in completion of the project and that he shall take all necessary steps to complete the project. 5. To come up on 18th July, 2007 at 10.30 a.m.