COAL INDIA LTD Vs. BHARAT EXPLOSIVES LTD

JUDGEMENT

(1.) THIS is an application inter alia for stay of operation of the order passed by the Hon'ble First Court dated January 25, 2007 whereby the hon'ble First Court directed to continue with the interim order granted by the hon'ble Court.

(2.) IT appears that the interim order was granted by the Hon'ble First Court at the time of moving of the application in the suit by the petitioner when the hon'ble First Court directed to maintain the status quo in the matter of invocation of bank guarantee.

(3.) THE facts of the case briefly are as follows: the respondent/plaintiff filed a suit against the appellant/petitioner inter alia praying for a mandatory injunction directing the defendant Nos. 1 and 2 to make payment of the bulk loading explosives supplied by the respondent/plaintiff to the defendant Nos. 1 and 2 between 1st March, 2006 to 30th June, 2006 at the rates and terms and conditions contained in the running contract No. CIL/ c2d/sec. II/bulk Loading Explosives/2006-07/441 dated 2nd May, 2006.