M/S Carboline India Pvt.Ltd v. M/S.Ongc Petro Additions Ltd.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 03.10.2019 Coram The Honourable Mr.Justice N.SATHISH KUMAR C.S.No.89 of 2018 and O.A.No.121 of 2018 M/s. Carboline India Pvt. Limited Represented by its Managing Director Sandeep Sarda Plot No. 365 & 367, SIDCO Industrial Estate Ambattur, Chennai - 600 098.
...Plaintiff
Versus
1.M/s. ONGC Petro Additions Limited Represented by its Regional Construction Manager Mr. Pramod Kumar Chaubey Having its office at 1st Floor, Omkara Building, Near Sai Chowkdi, Manjalpur, Vadodara - 390 011.
2.M/s. Fernas Construction India Pvt. Ltd., Represented by its Director Engin Nasiroglu, Having its registered office at No.9, Malhan Falcon Plaza, Plot No.4, Pocket-7, Sector-12, Dwaraka, New Delhi.
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3.Bank of America Represented by its Branch Manager, P.O. Box 340, 8th Floor, Express Avenue Chambers, No.49, 50 L, Whites Road, Royapettah, Chennai - 600 014.
...Defendants This Civil Suit is filed under Order VII Rule 1 of Code of Civil Procedure r/w Order IV Rule 1 of Original Side Rules, prayed (i) for permanent injunction restraining the defendants 2 and 3 from invoking the two bank guarantees furnished by the third defendant in Ref. No.GT010547/13 and Ref No. GT010548/13 expiring on 30th September, 2018 in any manner;
(ii) direct the defendants pay the cost of the suit; For Plaintiff :
Mr.T.Kokilavane For Defendants :
Mr.A.Abdul Hameed for M/s.AAV partners for R1
J U D G M E N T
The learned counsel for the plaintiff seeks permission of this Court to withdraw the suit and he has also filed a memo dated 01.10.2019 to that effect.
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2. Recording the same, the Civil Suit is dismissed as withdrawn at liberty to file a fresh suit on the cause of action at a future date if warranted. No costs. Consequently connected application is closed. Registry is directed to refund necessary Court fee as per Rule.
03.10.2019 Index : Yes/No rst 3/4
N.SATHISH KUMAR , J., rst C.S.No.89 of 2018 and O.A.No.121 of 2018 03.10.2019 4/4