BEOWORLD PVT. LTD Vs. BANG & OLUFSEN EXPANSION

JUDGEMENT

(1.) These are the two applications filed before me by the plaintiff as well as the defendant. I.A. No. 3837/2020 has been filed by the plaintiff under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 [in short "CPC"] while I.A. No. 4434/2020 has been filed by the defendant under Order XXXIX Rule 4 of the CPC for vacating the interim order dated 11.05.2020.

(2.) The plaintiff, via its counsel Mr. Tanmaya Mehta, on 29.05.2020, expressed inability to furnish a bank guarantee due to financial difficulty. However, to demonstrate its earnestness, a reference was made to the communication addressed to its bank i.e. Yes Bank.

(3.) Despite the plaintiff having, failed to comply with the condition based on which the interim order was passed in its favour, I decided to hear Mr. Mehta on the merits of the interlocutory application filed, on account of his insistence, that the plaintiff had a good chance of succeeding in the suit.