1 nm--11-s-l-256-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. OF 2011 IN SUIT (L) NO. 256 OF 2011. Leo Duct Engineers & Consultants Limited. ..Plaintiffs. vs. Mumbai Metropolitan Region Development Authority (MMRDA) & Anr. ..Defendants. .... Mr. F.E. Devitre,Senior Counsel, a/w. Mr. Amit Jamsandekar, Mr. H. Rehman, Mr. Prasad Dhande, i/b. D.H. Law Assoc., for Plaintiffs. Mr. Gaurav Joshi, a/w. Mr. Kiran Gandhi, Mr. Kazer Shroff, Ms. Christine Rewrie, Mr. Rahul K., i/b. Little & Co., for Defendant No.1. .... CORAM : S.J. KATHAWALLA, J. DATE : 8TH FEBRUARY 2011. P.C. The following order is passed by consent of the parties :- (i) The claims of the Plaintiffs are referred to the ‘Chief Engineer’ under Clause 30(1) of the General Conditions of Contract of the Mumbai Metropolitan Region Development Authority (MMRDA) i.e. Defendant No.1. It is clarified that the ‘Chief Engineer’ shall decide the claims of the Plaintiffs as expeditiously as possible and in any event within twelve weeks from the date of this order. (ii) If the Plaintiffs are aggrieved by the order passed by the ‘Chief Engineer’, they shall be at liberty to prefer an Appeal under Clauses 30(2) and 30(3) as provided in the said General Conditions of Contract of MMRDA. (iii) If the decision of the ‘Chief Engineer’ is adverse to 2 nm--11-s-l-256-11 the Plaintiffs, the Defendant No.1-MMRDA shall not invoke the bank guarantees for a period of 45 days from the date of service of the order of the Chief Engineer on the Plaintiffs to enable the Plaintiffs to file an appeal and seek ad-interim/interim orders from the Additional Metropolitan Commissioner. (iv) If the Plaintiffs fail to obtain the ad-interim/interim orders from the Additional Metropolitan Commissioner, the Plaintiffs shall be entitled to pursue their remedies available to them in law. For this purpose, the Defendant No.1 shall not invoke the bank guarantees for a period of two weeks from the date of service of the ad-interim/interim order of the Additional Metropolitan Commissioner on the Plaintiffs. (v) If the final order of the Additional Metropolitan Commissioner is adverse to the Plaintiffs and if on the day of passing of such order the bank guarantees are subsisting, MMRDA shall not invoke the said bank guarantees for a period of two weeks from the date of service of the said final order on the Plaintiffs to enable the Plaintiffs to pursue their legal remedies. (vi) The Plaintiffs shall keep their bank guarantees alive for a period of six weeks from the date of the final order passed by the Additional Metropolitan Commissioner, MMRDA. 2. It is clarified that this order is passed taking into consideration the facts and circumstances of this case. The Suit is accordingly disposed of. Refund of Court fees as per Rules. The Notice of Motion also stand disposed of. [ S.J. KATHAWALLA, J. ]