TMI Blog2017 (12) TMI 1778X X X X Extracts X X X X X X X X Extracts X X X X ..... aid 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? - Notice Of Motion No. 753 Of 2017 In Commercial Suit No. 842 Of 2017 - - - Dated:- 18-12-2017 - S.J. Kathawalla, J. Mr. Punit Tyagi, Mr. Karl Shroff, Mr. Milan Desai a/w. Ms. Shaila Taware Mr. Nilesh Parekh for the Plaintiff. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it (L) no 718 of 2017 against LSI challenging the termination of contract and claiming damages and other charges. In this suit East Metal AG MAHA METRO are also defendants. 6. In this suit by the Plaintiff LSI, the defendant RRC raised a preliminary issue of jurisdiction of this Court under Section 9A of the Code of Civil Procedure 1908. The same was disposed of by an order of this Court dated 14th November 2017 holding that this Court has jurisdiction. 7. The Metro Rails in question have to be delivered to MAHA METRO on or before 31.12.2017 failing which MAHA METRO threatened action by their letter dated 9.12.2017. Maharashtra Metro Rails Corporation Limited has addressed a letter to East Metals AG, stating only 6700 MT of rails (o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which would be decided at the final hearing of the Notices of Motion in the above suits, and subject to further orders of this Court, the following Order is passed a. 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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