Delhi High Court

FAO(OS) (COMM)/264/2026 of UNION OF INDIA Vs EVRASCON SINDHUJA JOINT VENTURE AND ANR on 28 September 2026

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HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010468012026 + FAO(OS) (COMM) 264/2026, CM APPL. 67403/2026, CM APPL. 67404/2026 UNION OF INDIA .....Appellant Through: Mr. Siddhartha Shankar Ray, CGSC. versus EVRASCON SINDHUJA JOINT VENTURE AND ANR .....Respondents Through: Mr. Ankit Jain, Sr.

$~103

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IN THE HIGH COURT OF DELHI AT NEW DELHI

CNR No. DLHC010468012026

+

FAO(OS) (COMM) 264/2026, CM APPL. 67403/2026, CM APPL.

67404/2026

UNION OF INDIA

.....Appellant

Through:

Mr. Siddhartha Shankar Ray, CGSC.

versus

EVRASCON SINDHUJA JOINT VENTURE AND ANR

.....Respondents

Through:

Mr. Ankit Jain, Sr. Adv. with

Mr.Gautam

Singhal,

Mr.

Rajat

Chaudhary,

Ms.Anjali

Maurya,

Ms.Kriti Agrawal & Ms. Apurva Tagi,

Advs. for R-1

Mr. Santosh Kumar Rout, SC for

R-2/Bank of India

CORAM:

HON'BLE MR. JUSTICE DINESH MEHTA

HON'BLE DR. JUSTICE ADITI CHOUDHARY

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O R D E R

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28.09.2026

1. After arguing for some time, learned counsel for the appellant submitted that the appellant has realised its procedural mistake in issuing the Letter invoking Bank Guarantee and it proposes to cure the lacunae which had crept while issuing the Letter for invocation of Bank Guarantee.

2. He, however, submitted that since the interim order dated 03.09.2026 does not give such a liberty, even if the appellant so chooses to cure the lacunae, it cannot do so. 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 30/09/2026 at 12:12:28

3. He, therefore, seeks liberty to withdraw the present appeal and move an application before the learned Single Judge seeking such leave to withdraw the impugned Letter for invocation of Bank Guarantee dated 21.08.2026 and issue a fresh letter/order in accordance with law, if permitted by the learned Single Judge.

4. With liberty as prayed, the appeal is disposed of.

5. All pending applications are also disposed of.

DINESH MEHTA, J.

ADITI CHOUDHARY, J. SEPTEMBER 28, 2026 kk 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 30/09/2026 at 12:12:28

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