MSPL LTD Vs. MEG MICON INDIA PVT LTD

JUDGEMENT

(1.) IN all these appeals the question involved concerns invoking the bank guarantees and the respondents moved the trial court for recovery of money due to them only in respect of O. S. No. 49 and O. S. No. 50 of 2005 in respect of the contract entered into between the parties and an application was filed seeking temporary injunction under Order 39, Rules 1 and 2 of C. P. C, by the respondent/plaintiff and the appellant filed an application for vacating the injunction under o. 39, R. 4 of C. P. C. The trial Court allowed the I. As. filed by the respondent-plaintiff and restrained the appellant herein from invoking the bank guarantees and further directed the respective parties to keep the bank guarantees current and valid till disposal of the suit. It is this order of the trial Court restraining the appellant herein from invoking the bank guarantees that is called in question in all these appeals.

(2.) LEARNED counsel for the parties submitted that though two of the appealls are listed for orders and other two appeals are listed for admission, all the appeals shall be disposed of once for all. Therefore with the consent of the learned counsel appearing for the parties all these appeals were heard on merits and hence this common order.

(3.) LEARNED counsel Sri. S. S. . Naganand for the appellant submitted that as the question involved is almost identical in all these appeals, this Court can take up for convenience the grounds urged in M. F. A. No. 3498/ 2006 which is in respect of O. S. No. 50/2005 and whatever decision is taken in this appeal, the same will apply to other appeals also.