Full Order Text
Order 1 · 05 May 2018 · CNR MHCC010061972018
Order Details: Notice of Motion Pdf Text: NM 1894/2018 Stamp 6756/2018 1 CNR NO. MHCC010061972018 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.1894 OF 2018 IN STAMP NO.6756 OF 2018 CIPLA LTD. .. .. Plaintiff Versus Global Energy Pvt.Ltd. And Anr. ...Defendants Shri. Dalal advocate for the Plaintiff. Coram : Her Honour Judge Smt. Pushpa N. Rao Ad hoc Asstt.Judge CR no. : 32 Dated : 5TH May 2018 ORDER 1. Perused the contents in the motion. Heard learned advocate Shri.Dalal for plaintiff. 2. Plaintiff had furnished the bank guarantee No.09580BG16011639 for a total amount of Rs.1,34,55,000/on 14/09/2016 being the amount equivalent to 60 days billing of defendant No.1. It was clearly recorded under the Bank Guarantee that the same was issued to secure defendant No.1 against any failure of plaintiff to make payments to defendant No.1 under the PSA. But as defendant No.1 without approaching to the -- 1 of 3 -- NM 1894/2018 Stamp 6756/2018 2 plaintiff directly approached to the defendant No.2 for purportedly partially invoked the Bank Guarantee for the amount of Rs. 64,42,510/ and if the defendant No.2 released the said amount in favour of defendant No.1 then great loss will be caused to the plaintiff. 3. Considering the urgency in the matter, necessary orders are required to be passed. 4. In view of above discussion, I proceed to pass following order . ORDER 1.Defendant No.2 is directed not to release any payment against bank guarantee to the defendant No 1 till 04/06/2018. 2. Plaintiff is directed to serve copy of the order on defendants. Date : 05/05/2018 (Pushpa N. Rao) Ad hoc Asst.Judge Bombay City Civil Court Greater Mumbai Dictation Direct typed on computer: 05/05/2018 Signed by HHJ on : 05/05/2018 -- 2 of 3 -- NM 1894/2018 Stamp 6756/2018 3 CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER”. UPLOAD DATE AND TIME NAME OF STENOGRAPHER 23/05/2018 at ( 4.20p.m.) Mrs. J.V.Pawar Name of the Judge (With Court room No.) HHJ Smt. Pushpa N. Rao (Court Room no.32) Date of Pronouncement of JUDGMENT/ORDER 05/05/2018 JUDGMENT/ORDER signed by P.O.on 05/05/2018 23/05/2018 . -- 3 of 3 --