I.A. Nos. 3182/2017 (under Order XXXIX Rule 1 and 2 CPC), 5090/2017 (under Order VII Rule 10 and 11 by Defendant No. 2) and 7263/2017 (under Order XXXIX Rule 4 CPC r/w Order VII Rule 10 and 11 by Defendant No.3)

1. Before dealing with the applications individually it would be appropriate to first set out the facts in the plaint. Plaintiff Bharat Heavy Electricals Limited (in short ‘BHEL’) has filed the present suit impleading Electricity Generation Incorporation (in short ‘EGI’) having its office at Ankara, Turkey as defendant No.1, AKBank T.A.S. (in short ‘AKBank’) at Istanbul, Turkey as defendant No.2 and Bank of Baroda (in short ‘BoB’) having its branch office at Sansad Mark, New Delhi as defendant No.3. The three main prayers in the suit besides the costs are:

“(a) Pass a decree of declaration, declaring that the alleged invocation of the Performance Bank Guarantee bearing No.0834INC15CG00075 for an amount of EUR EUR 3,831,589.69 i.e. INR 28,35,37,637.06 valid till 1st July, 2024 by Defendant No.1 to Defendant No.2 and consequently of the Counter Guarantee of Defendant No.3 to Defendant No.2 bearing No. 2158FGPER000215 is fraudulent and hence void; and

(b) pass a decree