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2001 Supreme(Del) 603

VIKRAMAJIT SEN
GALAXY POWER CABLES LIMITED – Appellant
Versus
CANARA BANK – Respondent


Advocates Appeared:
AJAY K.JAIN, Asha Saxena, ATANU MUKHERJI, ISHVAR SAHAR, J.P.Gupta, S.K.Gambhir, S.K.TRIPATHI, V.P.Singh

VIKRAMAJIT SEN

( 1 ) BY these Orders, the following applications shall be disposed off - I. A. 6558/94 filed by the plaintiff under Order XXXIX Rules 1 and 2 of the Code of civil Procedure (hereinafter referred to as the civil Procedure Code. ) for an interim injunction restraining the encashment of Bank Guarantee No. 86/90. issued by the canara Bank-Defendant No. 1 in favour of Madhya Pradesh state Electricity Board-Defendant No. 2; and I. A. No. 7886/97, being the application under Order XXXIX Rule 4 of the Civil Procedure Code. filed by Defendant No. 2 for " (a) modification of the order dated 6. 7. 1994 to the effect that defendant No. 2 should properly invoke the bank guarantee and no further invocation was required and (b) that a direction be given to Defendant No. l to honour the bank guarantee, encash the same and remit the sum of rs. 14,12,850. 00 to the defendant No. 2; and I. A. 8488/99 under Section 151 of the Civil Procedure Code. filed by defendant No. l for the passing of "clear cut directions to Defendant No. l in dealing with the guarantee. " These applications are intrinsically interwoven with each other and should be disposed off simultaneously.

( 2 ) ON the firs





























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