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2001 Supreme(SC) 202

S.N.VARIAVA, S.RAJENDRA BABU
Ritona Consultancy Private LTD. – Appellant
Versus
Lohia Jute Press – Respondent


ORDER

Two suits were filed in the High Court of Calcutta. Suit No. 228/96 was filed by Lohia Jute Press against (1) Ritona Consultancy Pvt. Ltd. (2) Smrity Securities Pvt. Ltd. (3) River Blue Commodities Pvt. Ltd. and 18 others, alleging that having obtained a contract with the Government of Assam on 17.7.1995, entered into agreements with defendant Nos. 1, 2 and 3 on 31.8.1995 for preparation and supply of 49,26,465 photo identity cards - defendant No. 1 to cover the area in the district of Barpota and Kamrup; defendant No. 2 for Nalbari, Darang and Marigaon and defendant No. 3 for Dhuburi, Kokarajhar, Bangiagaon and Goalpara (in all nine districts). Defendant No. 4, who was a Director in the defendant companies guaranteed due performance of the obligation by defendant Nos. 1, 2 and 3. Defendant Nos. 1, 2 and 3 were liable to furnish bank guarantee i.e. performance guarantee of Rs. 10 lakhs each and on failure to do so, pledge share scrips with duly signed transfer deeds by way of security. On various facts and grounds averred in the plaint, the plaintiff sought for relief against defendant Nos. 1, 2 and 3 for (a) delivery of photo identity cards/video cassettes or cartridges conta












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