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1998 Supreme(Del) 632

S.K.MAHAJAN
D. L. F. INDUSTRIES LIMITED – Appellant
Versus
STANDARD CHARTERED BANK – Respondent


S. K. Mahajan, J.

( 1 ) THIS petition under Section 9 of the Arbitration and Conciliation Act,1996 (hereinafter REFERRED TO to as the Act) has been filed for the grant of interim relief restraining respondent no. 2 from invoking the Advance Bank Guarantee No. 316/96/568 for Rs. 2. 60 crores and the Performance Bank Guarantee no. 316/96/566 for Rs. 2. 60 crores against the Letter of Intent no. KISKO/1412 dated 17. 8. 1996. On July 9,1998 this Court after hearing learned counsel for the petitioner passed an ex-parte order of injunction restraining respondent no. 1 not to make payment under the aforesaid bank guarantees to respondent no. 2. After notice had been issued to the respondents, it filed an application under Order 39 Rule 4 Civil Procedure Code (IA No. 6720/98) for vacating the ex-parte order of injunction. Besides other pleas taken in the said application for vacating the ex-parte order of injunction, one of the pleas taken was that this Court has no territorial jurisdiction to try or entertain the petition as the jurisdiction vested only before the courts at Bangalore. The petitioner was also alleged to be guilty of concealment of material facts from this Court inasmuch as
















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