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2014 (11) TMI 1242

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..... ropose to pass, both counsels say that the notice need not be issued to the other respondents including respondent no.2. In view of what is stated by the learned ASG, whereby in effect he has accepted the offer of the petitioner, no further orders are called for in the petition filed under Section 9 of the Act. Parties will abide by the contents of paragraph 5(i) to (iv), which have fructified .....

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..... RITES Ltd. (respondent no.2). Therefore, in view of the order that I propose to pass, both counsels say that the notice need not be issued to the other respondents including respondent no.2. 4. Mr. Kathpalia, the learned counsel for the petitioner at the very outset says that the letter dated 19.11.2014 issued by respondent no.2 which, inter alia, issues a notice of termination of the contract .....

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..... ator; (ii). in so far as remaining two bank guarantees bearing no. nos.0192111BG0000719, dated 12.04.2011 for ₹ 8,90,53,000/-; and no.0192111BG0000720, dated 12.04.2011 for ₹ 8,90,53,000/- (which are in the nature of performance bank guarantees), are concerned, they shall not be encashed, till such time, respondent no.1 moves an appropriate application before the arbitrator, to be a .....

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..... ; 5.1 In view of what is stated by the learned ASG, whereby in effect he has accepted the offer of the petitioner, no further orders are called for in the petition filed under Section 9 of the Act. Parties will abide by the contents of paragraph 5(i) to (iv), which have fructified into a consent order. 5.2 Needless to say, the parties will be free to lodge their claims and counter claims, as .....

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