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2024 Supreme(Del) 280

MANMOHAN, MINI PUSHKARNA
Ofb Tech Private Limited – Appellant
Versus
Kkspun India Ltd. – Respondent


Advocates appeared:
Mr. Tanmaya Mehta and Mr. Sanyam Khetarpal, Advocates, for the Appellant.
Mr. Jatin Mongia, Mr. Ankit Rajgarhia, Mr. Tarun Mehta and Mr. Rohit Kumar, Advocates, for the Respondent-1.
Mr. Lalit Maheshwari, Advocate, for the Respondent.

JUDGMENT

Mini Pushkarna, J. - The present appeal has been filed challenging the Judgment dated 19th September, 2022 passed by the learned Single Judge in CS (COMM) No. 323/2022. By the impugned Judgment, the learned Single Judge has allowed I.A. No. 7704/2022 filed under Order XXXIX Rule 1 and 2 of Code of Civil Procedure, 1908 ("CPC") by respondent no.1/plaintiff and has dismissed I.A. No. 9797/2022 filed under Order XXXIX Rule 4 CPC by the appellant/defendant no.1, thereby making absolute the interim injunction granted by him vide order dated 13th May, 2022. The instant appeal has been preferred by the appellant being aggrieved by the impugned Judgment of the learned Single Judge whereby the invocation of the advance bank guarantees and performance bank guarantees have been stayed.

2. Facts in brief are as under:

2.1. The appellant/defendant no.1 placed six purchase orders upon the respondent no.1/plaintiff from 14th October, 2020 to 13th December, 2021 for manufacture and supply of MH Covers and Frame, Manholes, IC Chambers, RCC Pipes, HSC Chambers, Precast Boxes, Culvert Boxes, etc. for a total amount of Rs.248,26,68,539/-. The said work orders were to be completed within 12 month

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