Madras High CourtOSA/131/2017disposed of

The Jammu And Kashmir Bank v. Eta Engineering Private Ltd

2017-08-02Honourable Mr Justice Abdul Quddhose,Honourable Mr Justice Rajiv Shakdher2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2017

CORAM:

THE HONOURABLE MR. JUSTICE RAJIV SHAKDHER and THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE O.S.A.No.131 of 2017 and C.M.P.No.8052 of 2017 The Jammu and Kashmir Bank, Voltas International Centre, 52, Armenian Street, Parrys, Chennai - 600 001.

... Appellant/Respondent/Defendant vs.

M/s.ETA Engineering Private Limited, New No.71, (Old No.63) Sterling High Road, Nungambakkam, Chennai - 600 034.

Rep. By its Company Secretary, Ms.Kalpana Gupta.

... Respondent/Applicant/Plaintiff Appeal filed under Order XXXVI Rule 1 of O.S.Rules read with Clause 15 of the Letters Patent against the judgment and decretal order dated 28.04.2017 in O.A.No.354 of 2017 in C.S.No.257 of 2017.

For Appellant : Mr.V.V.Sivakumar For Respondent : Mr.Ravi for M/s.Gupta and Ravi

JUDGMENT

[Judgment of the Court was made by RAJIV SHAKDHER, J.]

1. Mr.Sivakumar, learned counsel for the appellant says that the appeal has been rendered infructuous, in view of the fact that the appellant has, in fact, extended the Bank Guarantees, as directed by the learned single Judge.

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1.1. Learned counsel further submits that his instructions are that as and when the subject Bank Guarantees reach the date of expiry, the appellant will take a fresh call in the matter.

2. Mr.Ravi, who appears for the respondent says that this apprehension expressed by Mr.Sivakumar is misplaced, as the period of validity of the subject Bank Guarantees has already been indicated in the application filed before the learned single Judge.

2.1. The statements, made by the learned counsels, are taken on record.

3. The Appeal is, accordingly disposed of, as it has been rendered infructuous.

Consequently, the connected pending application shall stand closed. There shall, however, be no order as to costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vsm To The Sub Assistant Registrar, Original Side Section, High Court, Madras.

+1cc to M/s.V.V,.Sivakumar, Advocate, S.R.No.55000 O.S.A.No.131 of 2017 CNR(CO) CU(30/08/2017) https://hcservices.ecourts.gov.in/hcservices/