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TMI Blog2020 (5) TMI 293X X X X Extracts X X X X X X X X Extracts X X X X ..... o listing thereof having been allowed by the Registrar of this Court. 2. This writ petition, filed by Mr. Ashwini Mehra, as a Resolution Professional of M/s. Punj Lloyd Limited (PLL) under Article 226 of the Constitution of India, essentially seeks issuance of appropriate writ, quashing a communication, dated 10th April, 2020, addressed by the Indian Oil Corporation Limited (IOCL) to the Central Bank of India, which has resulted in a further communication, dated 11th April, 2020 from the Central Bank of India to the petitioner, as well as a communication dated 12th April, 2020, from the IDBI Bank Ltd. to the petitioner. By these communications, the IOCL is seeking to invoke certain bank guarantees, which were submitted by the petitioner, i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orming subject matter of the said proceedings. That order was carried, before this Court at the instance of IOCL by way of WP(C) 13774/2019. Vide order dated 23rd December, 2019, passed by a Division Bench of this Court (to which I was a Member), this Court relegated the IOCL to its remedies against the order of NCLT before the National Company Law Appellate Tribunal (NCLAT). 6. Mr. Koura submits that, consequent upon the said order, the IOCL has moved an application before the NCLT, seeking vacation of the interim order passed by it, on the ground that the NCLT did not possess the jurisdiction to pass the said order. However, it is not in dispute that the said plea is yet to be heard and decided as of today, therefore, the order dated 13t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t addressed an email to the NCLT at Chennai, as directed by the aforesaid notice dated 22nd March, 2020, but is yet to receive any response thereto. In the meanwhile, he points out, IOCL has already invoked the aforesaid three bank guarantees by way of communications dated 10th April, 2020 and 12th April, 2020, to which reference has already made hereinabove, though they are yet to be encashed, in that the moneys covered by the said back guarantees have not been transferred to the account of IOCL. 8. In the circumstances, Mr. Nayar only seeks a limited amnesty for his client by way of a restraint against the IOCL, from encashing the aforesaid three bank guarantees, till expiry of one week from lifting of the lockdown, imposed by the Centra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntee No. 160127IBGA00014 dated 19th April, 2016 issued by Respondent No. 3 for an amount of Rs.49,44,58,134/-, till the expiry of one week from the lifting of the lockdown imposed by the Central Government, which is presently in force till 3rd May, 2020. 13. It is made absolutely clear that this Court has not entered into the merits of the matter, though this Court has recorded the submissions of Mr. Nayar, and that no observation in this order should be treated as a reflection, even prima facie, regarding the merits of the case or the entitlement of the petitioner, to any injunction against invocation or encashment of the bank guarantees in question. 14. Subject to the above clarification, this writ petition is disposed of in the above t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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