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2012 Supreme(Mad) 360

T.S.SIVAGNANAM
Central Government Employees Welfare Housing Organization, Rep. by its Chief Executive Officer – Appellant
Versus
Consolidated Civil Constructions (I) Ltd. , Rep. by its Executive Director – Respondent


Advocates Appeared:
For the Petitioner - K.S.V. Prasad, Advocate.
For the Respondents - R1 - M/s. Ajay Kumar Gnanam, Advocate.

Judgment :-

1. This revision filed, under Section 115 of the Civil Procedure Code (CPC), is directed against the order dated 22.06.2005, passed by the learned VII Assistant City Civil Court, Chennai, in O.S.No.1755 of 2004, dismissing the plea of the petitioner to reject the plaint under Order 7, Rule 11, CPC.

2. The first defendant in O.S.No.1755 of 2004, is the revision petitioner and the first respondent herein is the plaintiff. The second respondent bank is the second defendant in the suit. The respondent/plaintiff filed the suit against the petitioner for a judgment and decree of permanent injunction restraining the petitioner from invoking the amount secured under the bank guarantee, dated 14.10.2005, from the second defendant bank, except by due process of law. The case of the respondent/plaintiff is that a tender floated by the petitioner for a turn key Housing Project at Chennai, and the tender conditions were stipulated, by letter dated 02.09.2003. The respondent/plaintiff participated in the tender and submitted their bid on 14.10.2003 and executed a proforma for bid security in the form of bank guarantee for Rs.10,00,000/- in favour of the petitioner and such bank guara







































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