SECURSYS TECHNOLOGIES (P) LTD. Vs. IVRCL LIMITED

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the Order passed by the learned XII Assistant City Civil Judge, Chennai in I.A. No.l 1817 of 2014 in O.S. No.3695 of 2014 dated 19.8.2014.

(2.) THE Petitioner is the Plaintiff in O.S. No.3695 of 2014. He filed the Suit against the Respondents/Defendants for Permanent Injunction restraining the Second Respondent from making payment of Rs. 12,16,800/ - to the First Respondent by invoking the Bank Guarantee dated 11.1.2013. The Petitioner has stated that the First Respondent has awarded contract to the Petitioner -Company for installing Security Gadgets and other equipments at their Registered Office in Hyderabad, that for the total project value, the Petitioner -Company had given a PBG (Performance Bank Guarantee) of 5% (i.e) Rs.12,16,800/ - executed with the Second Defendant. The project execution was started in December 2012/January 2013, which was going on smoothly till about October 2013, but there was abnormal delay in executing civil and allied works and hence, the Petitioner 's/Plaintiff 's work also got delayed since the Plaintiffs work can be carried out only after the execution of the Plaintiffs civil work.

(3.) IT is further alleged that in the month of January 2014, the Plaintiff and the First Defendant had agreed to decrease the scope of works and the Plaintiff -Company had asked the First Defendant to return the Bank Guarantee, so that a fresh Bank Guarantee for the new project may be submitted; that approvals for the work to be carried forward have not come till date, but the Plaintiff was put under tremendous pressure to do the work; that the First Defendant had also not paid the outstanding amount of approximately Rs. 8,00,000/ - to the Plaintiff despite completion of work, however, ' the First Defendant with some ulterior motive and mala fide intention, terminated the contract awarded to the Plaintiff and also sent a Letter dated 2.7.2014 to the Second Defendant for invoking the Bank Guarantee.