PUNJ LIOYD LTD Vs. INDIA CEMENTS LTD

JUDGEMENT

(1.) Present order disposes of the above captioned interim applications. IA No. 4738/2004 is the plaintiff's application under ' rder 39 Rules 1 and 2, CPC praying that defendants 1 and 2 be restrained from encashing the bank guarantee Nos. 031-BG-353 and 031-BG-223 issued by Canara Bank, bank guarantee No. BG.064/03 issued by Jammu and Kashmir Bank Ltd. and bank guarantee No. 0853403 BG-000085 issued by State Bank of India and further to restrain said banks from making any payment under the said bank guarantees to the beneficiaries, being defendants 1 and 2.

(2.) IA 5248/2004 is an application under order 39 Rule 4, CPC filed by defendants 1 and 2 praying for vacation of the ex parte ad interim order dated 30.7.2004. IA No. 8187/2004 is the defendants' application under Section 151, CPC seeking preponement of hearing of IA No. 5248/2004 and IA No. 4739/ 2004. IA No. 303/2005 is the plaintiff's application under Section 151, CPC praying that directions be issued to defendants 3 to 5 i.e. the issuing bank to extend the validity of the bank guarantees issued by them.

(3.) Case of the plaintiff stands reflected in the averments made in paras 2 to 11 of the plaint. Said averments read as under: