Bombay High Court
Apar Industries Limited vs State Bank Of India And Anr on 6 January, 2022
Author: R.I. Chagla
Bench: R.I. Chagla
916.IAL.28739.21 in COMSL.28738.21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO. 28739 OF 2021
IN
COMMERCIAL SUIT (L) NO. 28738 OF 2021
Apar Industries Limited ... Applicant/Orig. Plaintiff
Versus
State Bank of India & Anr. ... Defendants
Mr. Mustafa Doctor, Senior Advocate a/w Mr. Jehangir Jeejeebhoy, Mr. A.
Gazdar i/b Veritas Legal for the Applicant/Orig. Plaintiff.
Mr. Yohaann Linathwalla i/n J. Sagar Associates for Defendant No.1.
CORAM : R.I. CHAGLA, J.
DATED : 6th JANUARY, 2022.
(V.C.)
ORDER :
1 Heard the learned Senior Counsel for the Applicant/Plaintiff and the learned Counsel appearing for Defendant No.1. 2 By an order dated 09.12.2021 this Court had granted ad-interim relief in terms of prayer clause (a) of the Interim Application and by which Defendant No.1- Bank was injuncted from making any payments, transferring or crediting any amount pursuant to or under the Waghmare 1/3
916.IAL.28739.21 in COMSL.28738.21.doc counter guarantees mentioned in prayer clause (a) of the Interim Application. It is brought to the notice of this Court that the Patan High Court by an order dated 21.12.2021 has granted a temporary interlocutory order restraining the Nepal Electricity Authority from enforcing its letter dated 15.12.2021 by which it had invoked the performance guarantee and by virtue of which counter guarantees of Defendant No.1-Bank was sought to be invoked. 3 Considering that the Patan High Court is seized of the matter between the Applicant/Plaintiff and the Nepal Electricity Authority regarding invocation of the performance guarantee and Nepal Electricity Authority has been restrained from enforcing the said letter by which it had invoked the performance guarantee. Defendant No.1-Bank has no obligation to make payment under the counter guarantees. The ad- interim relief which had been granted in terms of prayer clause (a) of the Interim Application by order dated 09.12.2021, shall continue until further orders.
4 The learned Counsel appearing for Defendant No.1-Bank sought time to file affidavit-in-reply to the Interim Application. Defendant No.1-Bank shall file affidavit-in-reply to the Interim Application within a period of two weeks i.e. on or before 20.01.2022. Waghmare 2/3
916.IAL.28739.21 in COMSL.28738.21.doc 5 The Applicant/Plaintiff is at liberty to file affidavit-in- rejoinder thereto within a period of one week thereafter i.e. on or before 27.01.2022.
6 Place the Interim Application for hearing on 02.02.2022. Digitally signed
(R.I. CHAGLA, J.) by WAISHALI SUSHIL WAISHALI WAGHMARE SUSHIL WAGHMARE Date:
2022.01.07 05:06:36 +0530 Waghmare 3/3