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2019 Supreme(Del) 1120

RAJIV SAHAI ENDLAW
Liberty House Group Pvt. Ltd. – Appellant
Versus
State Bank of India – Respondent


Advocates Appeared:
A.S. Chandhiok, Adv., Krishendu Datta, Adv., Sweta Kabra, Adv., Aly Mirza, Adv., Priya Agarwal, Adv., Sandeep Sethi, Adv., Sanjay Bhatt, Adv., Sumit Nagpal, Adv., Abhinav Vasisht, Adv., Misha, Adv., Vaijayant Paliwal, Adv., Charu Bansal, Adv.

JUDGMENT :

Rajiv Sahai Endlaw, J.

The application of the plaintiff in both the suits, for interim injunction restraining encashment of Bank Guarantees (BGs) and the objection of the defendants to the subject jurisdiction of this Court to entertain these suits, are for consideration.

2. CS(Comm) No.1246/2018 has been filed against (a) State Bank of India (SBI); (b) Barclays Bank PLC (Barclays), Nehru Place; (c) Barclays Bank PLC, United Kingdom; and, (d) Mr. Dinkar T. Venkatasubramanian, for (a) permanent injunction restraining (i) SBI from invoking and/or encashing and/or seeking remittance under BG No.BARCBG2018145 dated 10th May, 2018 for Rs. 40,00,00,000/- issued by Barclays in favour of SBI on instructions of the plaintiff; (ii) Barclays from remitting the amounts under the said BG and from transmitting the amount under the Counter Guarantee; and, (b) declaration that the notice of Demand/Invocation dated 20th November, 2018 addressed by SBI to Barclays is invalid, illegal and band in law, pleading:-

(i) Castex Technologies Limited (Castex) is a part of Amtek Group of Companies. Castex was unable to meet its financial obligations and Corporate Insolvency Resolution Process (CIR



































































































































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