IDCOL CEMENT LTD Vs. FULLER INDIA LTD

JUDGEMENT

(1.) THIS revision is under Art.227 of the Constitution of India filed by the first defendant in O.S.No.140 of 1998, on the file of 18th Assistant City Civil Court, Madras.

(2.) FIRST respondent herein, as plaintiff, filed the suit for declaration declaring that the first defendant is not entitled to invoke Bank Guarantee Nos.362/91-92 and 363/91 -92, dated 5.3.1992 and extended from time to time upto 15.12.1997 with claim period upto 14.1.1998, and also for an order of ad interim injunction restraining the second defendant and bank from paying any sum covered under the said Bank Guarantee.

(3.) IT is represented by learned senior counsel for petitioner that there was no interim order, and when there was no interim order, the question of extension also will not arise, and at any rate, the statement in the order that there was no objection is something which he has not stated, and in the order written by the presiding officer on the petition, there seems to be some interpolation. IT is said that the lower court has passed the order impugned in this Revision without jurisdiction. According to him, plaintiff has no prima facie case and, therefore, this Court, under its judicial supervisory jurisdiction, has to interfere with the impugned order passed illegally.