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2025 DAILYLAW 46940 (DEL)

SHELLZ INDIA PRIVATE LIMITED v. STARCO METAPLAST PVT LTD & ORS.

RFA(COMM)/305/2023 · 2025-04-21

Harish Vaidyanathan Shankar, Subramonium Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA(COMM) 305/2023 SHELLZ INDIA PRIVATE LIMITED .....APPELLANT Through: Mr. Sameer Rohatgi, Advocate. versus STARCO METAPLAST PVT LTD & ORS. .....RESPONDENTS Through: Mr. Mukesh Jain and Mr. S.B. Chaturvedi, Advocates. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR O R D E R % 29.05.2025 C.M. Appl. No. 32891/2025 (seeking release of the bank guarantee) and C.M. Appl. No. 34586/2025 (seeking amendment in C.M. Appl.No. 32891/2025) 1. C.M. Appl. No. 32891/2025 has been filed by the Appellant/Applicant under Section 151 of the Code of Civil Procedure, 1908, seeking the following reliefs:- “1. Direct the Registrar General, Delhi High Court to release the Bank Guarantee bearing BG No. 00660100001959 dated 04.04.2024 for a sum of Rs.1,36,57,845/- furnished by the Appellant on 04.04.2024; 2. Permit the Appellant to furnish a fresh Bank Guarantee for a sum of Rs.1,17,83,199/- before the Ld. Trial Court in terms of the judgement dated 21.04.2025 within three weeks from the date of upload of the order on 15.05.2025 and from the date of knowledge of the Appellant on 15.05.2025 and; 3. Any other order(s) in favour of the Appellant, which may be required to be passed, and relief be granted as this Hon'ble Court may deem fit and proper.” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 17:32:36 2. Learned counsel for the Appellant/Applicant states that in terms of the judgment dated 21.04.2025, they will be furnishing a Bank Guarantee for the sum of Rs.1,43,83,931/-. 3. For the purpose of furnishing the aforesaid Bank Guarantee, learned counsel for the Appellant/Applicant prays for release of documents in respect of the earlier Bank Guarantee furnished before this Court. 4. Keeping in view the averments made in the application, the Registry is directed to release the documents relating to the Bank Guarantee furnished earlier with the express undertaking that within a period of ten days of the release of the said documents, the subsequent unconditional Bank Guarantee in the sum of Rs. 1,43,83,931/- will be furnished before the learned Trial Court. 5. The applications are disposed of in the aforesaid terms. SUBRAMONIUM PRASAD, J HARISH VAIDYANATHAN SHANKAR, J MAY 29, 2025/AK/va This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/07/2025 at 17:32:36