M/S. Zillion Infraprojects Pvt. … vs Gessat Pascal & Ors. on 4 November, 2016

1. Present contempt petition has been filed alleging wilful disobedience
of the order dated 23rd September, 2015 passed in FAO(OS)(Comm.)
No.83/2016 whereby respondents were restrained from invoking any of the
seven bank guarantees.
2. Subsequently, vide order dated 27th September, 2016 the aforesaid
FAO(OS)(Comm.) No.83/2016 was disposed of by the Division Bench
holding that since two of the seven bank guarantees were conditional, it
would be open for the Court to decide whether the said two bank guarantees

Cont.Cas(C) 1095/2016 Page 1 of 5
should be encashed.
3. Mr. Rakesh Tiku, learned senior counsel for petitioner stated that the
dasti notice in FAO(OS)(Comm.) No.83/2016 was received by the
petitioner’s counsel from the Registry on the afternoon of 24th September,
2016 which was a Saturday and therefore, petitioner’s General Manager
(Legal and Administration) Mr. Ajit Kumar Srivastav took the early morning
flight to Bangalore on Monday and served dasti notice along with photocopy
of the order dated 23rd September, 2016 at 10:45 a.m. on 26th September,
2016. He further stated that on 27th September, 2016, the respondents
despite having been served with the notice, deliberately did not appear
before the Division Bench and the said fact stood recorded in the judgment
and order dated 27th September, 2016. He also alleged that during the
hearing on 27th September, 2016, the matter was duly watched by the present
counsel for the respondents.

Source: Indian Kanoon

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