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2017 (12) TMI 1778 - HC - Companies LawCustody and transportation of Metro Rails which are manufactured by EVRAZ East Metals AG - HELD THAT:- Defendant RRC agree and undertake that 3278.7 MT (18 Meter rails) and 253.14 MT (25 Meter Metro Rails) of Metro rails presently lying with them in their warehouse (in good condition) would be given delivery of to the Plaintiff LSI. Defendant RRC states that 250.35 MT of 18 meter Metro Rails are in transit from Mumbai to Nagpur and will reach MAHA METRO site in Nagpur within 7 days from today. Upon such delivery, RRC will hand over to LSI the MAHA METRO delivery receipt for the said 250.35 MT rails. Defendant RRC agree and undertake to handover 15 clamps as specified in the contract. The matters will be taken up for hearing on 15th January, 2018 when this Court will consider all claims, contentions and submissions of all parties, inter alia, including on the following issues – a. Whether any security should be furnished for the amounts claimed by RRC? b. Which party should furnish the security, if any? c. What is the amount for which the security should be furnished?
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