ITD CEMENTATION INDIA LTD. Vs. RELIANCE INFRASTRUCTURE LIMITED

JUDGEMENT

(1.) The Plaintiff in the present Suit is seeking a restraint order against Defendant No.1 from in any manner demanding and/or receiving the amounts under Bank Guarantees (ExhibitsA to A10 of the Plaint) bearing Nos. 1100041BGP00335, 1201261BGA00008, 1201261BGA00010, 1201261BGA00011, 032821GPER002011, 03821GPER002111, 03821GPER002211, 03821GPER002311, 13940100000510, 13940100000511 and 0156111IPG000052 ("the said Bank Guarantees").

(2.) The Plaintiff has also taken out the present Notice of Motion seeking ad interim and interim injunction against the Defendant No.1 from receiving and against Defendant Nos. 2 to 5 from making any payments to the Defendant No.1 under the said Bank Guarantees.

(3.) The Defendant No. 1 had entered into a concession agreement with the National Highways Authority of India for designing, engineering, construction, development, finance, operation and maintenance of the PuneSatara Section of National Highway4. The Defendant No. 1 entered into an Agreement dated 12th April, 2011 under which the Plaintiff was appointed as a subcontractor of Defendant No.1 ("the said Agreement").