NAYAK INFRASTRUCTURE PVT. LTD. Vs. NORTHEAST FRONTIER RAILWAY

JUDGEMENT

(1.) Heard Mr. G.N. Sahewalla, learned Senior counsel assisted by Mr. D. Senapati, learned counsel for the appellants. Also heard Mr. B. Sarma, learned Standing counsel for NF Railway, the principal respondent Nos. 1 to 7 herein. The matter has been heard at the admission stage.

(2.) By this appeal under Order XLIII Rule 1(r) CPC, the appellants have assailed the order dated 11.11.2019 passed by the learned Civil Judge No.1, Kamrup (M), Guwahati in Misc. (J) Case No.884/2019 in T.S. No.511/2019. By the said order the learned trial Court had held that the contents of the petition do not show any urgency at this juncture and, as such, no ad-interim injunction was granted and notice was issued upon the respondent to show- cause, fixing 11.12.2019 for service report and objection. Along with the appeal, the appellants have also filed a separate application under Order XXXIX Rules 1 and 2 read with Section 151 CPC for grant of ad interim injunction. By this common order, the appeal and the application for ad interim injunction are both disposed of.

(3.) Assailing the impugned order, the learned Senior counsel for the appellants has submitted that by letter dated 18.09.2019, the respondents had threatened to en-cash two bank guarantees dated 15.01.2018 and 29.09.2018 issued by the proforma respondents No.8 and 9, which was of combined value of more that Rs.11.00 Crore. Accordingly, in view of the said letter dated 18.09.2019, a specific prayer had been made by the appellants in Misc. (J) Case No. 884/19 filed before the learned trial court to seek ad- interim injunction thereby restraining the respondents herein from recovering their claim amount from the appellants by encashing/ invoking the herein before referred 2 (two) bank guarantees.