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2001 Supreme(Guj) 91

A.L.DAVE
INTERCONTINENTAL (INDIA) – Appellant
Versus
INDIAN SUGAR and GENERAL INDUSTRIES EXPORT IMPORT CORPORATION – Respondent


Advocates Appeared: B.H.CHHATRAPATI, DHAVAL G.NANAVATI, G.L.SINGHVI, ROHIT TANDON, S.N.SHELAT

A. L. DAVE, J.

( 1 ) THE appellant preferred a Civil Suit in the City Civil Court, Ahmedabad, bearing Civil Suit No. 4889 of 2000 against the present respondents, seeking relief against invocation of a bank guarantee furnished on behalf of the plaintiff to defendant No. 1 by defendant No. 2. Along with the plaint, an application Ex. 6 came to be seeking for interim injunction against invocation/encashment of the bank guarantee. The learned Judge presiding over Court No. 10, City Civil Court, rejected the application while vecating the ad-interim protection granted in favour of the plaintiff. Aggrieved by the said order, the plaintiff has approached this Court with this appeal.

( 2 ) FOR the sake of convenience, the appellant is addressed to as "the plaintiff" and the respondents as "the defendants" in this judgment.

( 3 ) IN order that the contentions raised by both the sides may be properly appreciated, certain facts need to be stated. 3. 1 defendant No. 1 is a company which regulates sale and export of sugar. Tenders were invited for export of Indian White Crystal Sugar upon certain conditions. The plaintiff submitted an offer to defendant No. 1 with certain conditions of standard





















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