OFB TECH PRIVATE LIMITED Vs. KKSPUN INDIA LTD.

JUDGEMENT

(1.) The present appeal has been filed challenging the Judgment dtd. 19/9/2022 passed by the learned Single Judge in CS (COMM) No. 323/2022. By the impugned Judgment, the learned Single Judge has allowed I.A. No. 7704/2022 filed under Order XXXIX Rule 1 and 2 of Code of Civil Procedure, 1908 ("CPC") by respondent no.1/plaintiff and has dismissed I.A. No. 9797/2022 filed under Order XXXIX Rule 4 CPC by the appellant/defendant no.1, thereby making absolute the interim injunction granted by him vide order dtd. 13/5/2022. The instant appeal has been preferred by the appellant being aggrieved by the impugned Judgment of the learned Single Judge whereby the invocation of the advance bank guarantees and performance bank guarantees have been stayed.

(2.) Facts in brief are as under:

(3.) On behalf of the appellant, the following submissions have been made: