GAIL INDIA LTD. Vs. UCO BANK

JUDGEMENT

(1.) The present appeal has been filed by the appellant/plaintiff impugning the judgment dtd. 8/11/2023, passed by the learned Single Judge in CS(Comm)276/2016. Via the impugned judgment, the plaint filed by the appellant/plaintiff (hereinafter 'appellant'), seeking recovery of the amount of the Performance Bank Guarantee, along with interest from the defendant no.1/respondent no.1, was rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908 ['CPC'].

(2.) Brief facts relevant for the adjudication of the present appeal are set out below:

(3.) Consequently, a suit for recovery [CS(COMM) 276/2016] was instituted by the appellant seeking recovery of Rs.3,16,14,813.00. The respondent no.1 Bank was arrayed as defendant no.1 while the respondent no.2 herein was impleaded as defendant no.2 in the said suit. The respondents filed their respective written statements in the suit.