Apar Industries Limited; vs Union Bank Of India & Anr on 22 November, 2018

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Bombay High Court

Apar Industries Limited; vs Union Bank Of India & Anr on 22 November, 2018

Bench: G.S. Patel

                                                                     9-S1192-04.DOC




 Arun



      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           ORDINARY ORIGINAL CIVIL JURISDICTION
                               SUIT NO. 1192 OF 2004


 Apar Industries Limited                                                 ...Plaintif
      Versus
 Union Bank of India & Anr                                          ...Defendants


Mr Areez Gazdar, with Ms Sanaya Contractor, i/b Veritas Legal, for
     the Plaintiff.
Ms Sumedha Sawant, i/b NN Amin & Company, for Defendant No.
     1, Union Bank of India.


                               CORAM:       G.S. PATEL, J
                               DATED:       22nd November 2018
 PC:-


 1.

Heard. Issues are framed, and these are appended to this order.

2. The Plaintif shall, on or before 11th January 2019, file (i) the evidence affidavit of the Plaintif; (ii) an affidavit of documents; and

(iii) a compilation of documents duly indexed and paginated. Copies of each of these will be served on the Advocates for the Defendants on or before that date.

Page 1 of 3

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3. Discovery and inspection is to be completed and statements of admission and denial are to be exchanged on or before 18th January 2019.

4. There will be no extension of time. In default of compliance, the Suit will stand dismissed without further reference to the Court.

5. On the Plaintif complying with these directions, the matter will be taken up for marking of the Plaintif's documents and further directions on 25th January 2019, irrespective of the caption under which the matter appears.

(G. S. PATEL, J.) Page 2 of 3 22nd November 2018 ::: Uploaded on - 24/11/2018 ::: Downloaded on - 25/11/2018 01:18:13 ::: 9-S1192-04.DOC ISSUES FRAMED ON 22ND NOVEMBER 2018 SUIT NO. 1192 OF 2004

1. Whether Defendant No. 1 proves that the present Suit is not maintainable in view of the arbitration clause contained in the Contract dated 21st August 2003 (Exhibit 'A' to the Plaint) between the Plaintiff and Defendant No. 2?

2. Whether the Plaintiff proves that the Bank Guarantee dated 19th September 2003 (Exhibit 'C' to the Plaint) is no longer valid, subsisting, binding or enforceable?

3. Whether the Plaintiff proves that the Bank Guarantee dated 19th September 2003 (Exhibit 'C' to the Plaint) is vitiated by fraud?

4. Whether Defendant No. 1 proves that it is under a contractual obligation to pay the amounts under the Bank Guarantee dated 19th September 2003 (Exhibit 'C' to the Plaint) upon the same being invoked by Defendant No. 2?

5. What order?

6. What costs?

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