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2012 Supreme(Del) 1850

V.K.SHALI
Bharat Heavy Electricals Ltd. – Appellant
Versus
Mass Global Investment Company – Respondent


Advocates appeared:
For the Appellant:A.S. Chandhiok, ASG with Bhagat Singh, Vidit Gupta, Akshay Patani & Ms. Harlen Singh, Advocates.
For the Defendant:N.K. Kaul, Sr. Adv. with D1 -Ms. Diya Kapur, Advocate.

Judgment :-

V.K. SHALI, J. IA No.4049/2010

1. This order shall dispose of an application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as „CPC’), by virtue of which the plaintiff had originally prayed for passing an ad interim injunction restraining the defendant no.1 from encashing Advance Payment Guarantee-1, Advance Payment Guarantee-2 and the Performance Bank Guarantee from the Defendant No.2. It was also prayed that the defendant no.2 be restrained from making any payment to the defendant no.1 in pursuance to the said Guarantees.

2. The matter had come up for hearing on 27.3.2010 when the Court had recorded the statement of the learned counsel for the defendant no.1 that it shall maintain status quo vis-à-vis all the three Bank Guarantees. It was also observed that the said order shall be applicable qua the defendant no.2 also. This status quo order was to continue till the next date of hearing unless otherwise ordered. Although no specific order thereafter has been passed, extending the order, but the statement of the learned counsel for the defendant no.1 has been treated as if the stay order was in operati


















































































































































































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