R.SUBBIAH
V. D. Swami & Company – Appellant
Versus
Lodge Cottrell India – Respondent
R. Subbiah, J
1. The application in O.A.No.657 of 2013 has been filed to grant an order of interim injunction restraining the second respondent, its officers, men and agents from making any payment to the first respondent or its men and agents pursuant to any invocation of the four Bank Guarantees dated 5.5.2012 and 16.5.2012 by the first respondent or its representatives pending disposal of the said suit.
2. The application in A.No.4350 of 2013 has been filed to vacate the interim order dated 6.9.2013 passed in O.A.No.657 of 2013 in C.S.No.595 of 2013.
3. The application in A.No.4351 of 2013 has been filed to return the plaint in C.S.No.595 of 2013 to the plaintiff for presenting in the Court having jurisdiction.
4. The applicant in both the applications viz., A.Nos.4350 and 4351 of 2013 is the first defendant in the suit. The first respondent is the plaintiff and second respondent is the second defendant.
5. For the sake of convenience, the parties will be referred to as per their ranking in the suit.
6. The brief facts which are necessary to decide the issue involved in all the applications are as follows:-
(a) The plaintiff M/s.V.D.Swami and Company Private Limited has filed
(2008) 1 SCC 544 – Vinitec Electronics (P) Ltd.
(1997) 1 SCC 568 – U.P. State Sugar Corpn. v. Sumac International Ltd
(2008) 1 SCC 544 – Vinitec Electronics (P) Ltd. v. HCL Infosystems Ltd
(1996) 3 SCC 443 – South East Asia Shipping Co. Ltd. v. Nav Bharat Enterprises (P) Ltd
Chainrup Sampatram v. Punjab Sind Bank reported in 2009 (2) CTC 673
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