LAWS(DLH)-1998-12-1

DSS MOBILE COMMUNICATIONS LIMITED Vs. UNION OF INDIA

Decided On December 16, 1998
DSS MOBILE COMMUNICATIONS LIMITED Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) By this order I propose to dispose of I.A. 7956/1998 arising out of Suit No.1952/1998 filed by the plaintiff praying for an injunction restraining the defendant No.1 from encashing the financial bank guarantees for an aggregate sum of Rs. 11,78,30,000.00 all dated 5/11/1997 in any manner till the disposal of the suit.

(2.) The plaintiff has filed a suit in this court against the defendants seeking for a permanent injunction in favour of the plaintiff and against the defendant No.1 restraining the defendant No.1 from encashing the said bank guarantees and also for restraining the defendant No.2 from releasing any amount to defendant No.1 against the said financial bank guarantees.

(3.) In order to appreciate the contentions of the learned counsel appearing for the parties it would be necessary to state some background facts leading to the presentation of the present suit and filing of the injunction application.