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2007 Supreme(Mad) 2101

V.RAMASUBRAMANIAN
South Indian Bank Ltd. & Others – Appellant
Versus
M. M. T. C. Ltd. & Others – Respondent


Advocates:
For the Petitioners:---- For the Respondents: ---

Judgment :

V. Ramasubramanian, J.

While Application No.1763 of 2004 has been filed by the first defendant in the suit, seeking revocation of leave to sue, granted to the plaintiff to institute the present suit, the Application No. 2979 of 2007 has been filed by the plaintiff seeking leave under Order II Rule 2 of Code of Civil Procedure to file a suit against defendants 2 to 4 on the file of the District Court, Coimbatore. Application No.2980 of 2007 has been taken out by the plaintiff for giving up defendants 2 to 4 as parties to the present suit. Original Application No. 998 of 2006 has been taken out by the plaintiff for an interim injunction restraining the first defendant from disposing of the properties belonging to defendants 2 to 4 pending disposal of the suit.

2. The plaintiff in the suit is the Minerals and Metals Trading Corporation Limited, known as M.M.T.C. Limited, which is a Government of India undertaking. The first defendant in the suit is The South Indian Bank Limited, represented by its Regional Manager, Chennai. The second defendant is a partnership firm, to fulfill their commitments, the plaintiff invoked both the Bank Guarantees by a letter dated 21. 2003 and















































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