Tamil Nad

HC restrains CMRL from encashing bank guarantee till Sept. 2

The Madras High Court on Thursday restrained Chennai Metro Rail Limited (CMRL) from encashing till September 2 a bank guarantee for ₹117.51 crore, provided by Mumbai-based Afcons Infrastructure Limited, on the grounds that there were “serious defects” in the underground stations constructed by it, and that the company had left the works incomplete.

Justices R. Subbiah and C. Saravanan ordered maintenance of status quo till September 2, when they would be taking up for hearing an appeal preferred by Afcons Infrastructure, challenging an order passed by Justice N. Sathish Kumar last week refusing to restrain CMRL from encashing two bank guarantees — one for ₹117.51 crore and the other for ₹25.77 crore.

Even before the single judge could decide the case, the CMRL claimed to have encashed the bank guarantee of ₹25.77 crore. Appearing on behalf of Afcons, senior counsel G. Masilamani told the court that there were strong grounds for appeal, and hence, the company must be provided with interim protection until its appeal could be taken up for final hearing.

On his part, senior counsel P.H. Arvindh Pandian, representing CMRL, said he was ready to argue the appeal anytime, and insisted that the interim protection be given only for a limited period of time. After hearing the arguments, the judges ordered maintenance of status quo for a limited period of two weeks.

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