- (1.) The present petition has been filed by the petitioner, inter alia, seeking an injunction against the respondents from encashing three bank guarantees bearing Nos. 1050210BG0001026 for Rs.66,86,313/-, Rs.1050210BG0001008 for Rs.14,69,450/- and 1001113BG0000130 for Rs.20,00,000/-.
(2.) When the matter was listed on February 13, 2015, this Court had directed the respondents to maintain status quo with regard to invocation of the aforesaid three bank guarantees. The facts:
(3.) On March 29, 2010, the respondents had invited tenders for construction of eight Foot Over Bridges (FOBs in short) in Delhi. The petitioner, who had also bid for the tender was found successful and its bid was accepted. The stipulated date of start was July 2, 2010 and the duration of the work was four months. The petitioner furnished performance bank guarantees for all the FOBs as per the terms of the contract. Two sites were handed over to the petitioner on the said date. The petitioner's case is three more sites were handed over to the petitioner on February 23, 2011. According to the petitioner, on December 30, 2011, much after the expiry of the original date of completion, the petitioner was informed that only four FOBs were available to it in the scope of the work i.e. Jia Sarai, Munirka, Azad Pur and Seelampur. The petitioner's case is that the site of Seelampur was not handed over to it.;