Xylem Water Solutions India Pvt Ltd vs Epc Construction India Ltd & Ors

Xylem Water Solutions India Pvt. Ltd. ....Appellant

Vs.

EPC Constructions India Ltd. & Ors. ....Respondents

Present: For Appellant:- Mr. Arun Kathpalia, Sr. Advocate with Mr. Atul Shankar Mathur, Mr. Umang Katariya, Mr. Ajay Monga, Advocates. For Respondent:- Ms. Ranu Purohit, Mr. Pradhuman Gohil, Mr. Vishnu Kumar, Mr. Sahitya Krishna, Advocates for R-4. Chhavi Jain, Megha Rana, Advocates for EPC Construction India Ltd. ORDER

(Virtual Mode)

15.07.2022: The Ld. Counsel for the Appellant and Respondents are

present.

I.A. No. 712 of 2022 has been filed by the Respondent No. 3 / Kotak

Mahindra Bank (hereinafter referred to as "the Applicant") in Company Appeal

(AT) (Ins.) No. 1474 of 2019 seeking clarification that the Bank Guarantee

issued by the Applicant also stands discharged in view of the fact that this

Hon'ble Appellate Tribunal has discharged the Counter Guarantees issued by

the Respondent No. 5 and the said Bank Guarantee is directed to be returned

by the Beneficiary to the Applicant.

The Ld. Counsel for the Applicant while referring to page no. 30 of the

I.A. showing the Performance Guarantee No. 402LG0858/13 dated

19.11.2013 submits that it should also be discharged. -2-

We have perused the judgment dated 10.01.2022 passed by this Bench.

It appears that due to clerical error, this fact has not been mentioned.

Therefore, I.A. No. 712 of 2022 is hereby allowed and the Bank Guarantee

preferred by the Respondent No. 3 (at page 30 of the I.A.) also stands

discharged. This order be considered as a part of the Judgment dated

10.01.2022.

[Justice Anant Bijay Singh] Member (Judicial)

[Ms. Shreesha Merla] Member (Technical)

R.N./Kam./

I.A. No. 712 of 2022 IN Company Appeal (AT) (Ins.) No. 1474 of 2019