Loesche Energy Systems India Pvt Ltd v. M/S.Acoustics India Pvt Ltd

Application No.3044 of 2019 in O.A.No.377 of 2019 R.SURESH KUMAR, J.

The prayer sought for herein is as follows.

"To vacate the order of injunction dated 08.04.2019 passed by this Honourable Court in O.A.No.377 of 2019"

2. Heard the learned Senior Counsel for the applicant and the learned counsel for the respondent (in the main application ie., OA No.377 of 2019).

3. After some arguments, the learned counsel for both sides submit that let the applicant take time upto 30.06.2019 and on or before 30.06.2019, the six number of machines, as agreed, shall be supplied without any default. In order to enable the applicant to take such time to supply the machines, the bank guarantees already given by the applicant shall be extended and shall be kept alive till 15.07.2019.

4. If the applicant does not honour the commitment made before this Court, through the learned Senior Counsel for the applicant, by not supplying the six machines in complete, on or before 30.06.2019, the bank http://www.judis.nic.in

R. SURESH KUMAR, J.

KST bank guarantees so extended and kept alive till 15.07.2019, can be invoked by the respondent. However, once the machines are supplied on or before 30.06.2019, the bank guarantees shall not be invoked and if still there are any issues between the parties, the same can be referred to the arbitrator for adjudication. With these directions, this application is disposed of.

24-04-2019 KST Application No.3044 of 2019 in O.A.No.377 of 2019 http://www.judis.nic.in