C DOCTOR & COMPANY PRIVATE LIMITED Vs. TATA PROJECTS LIMITED
HIGH COURT OF GUJARAT
C Doctor And Company Private Limited
TATA PROJECTS LIMITED
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A.G.URAIZEE, J. -
(1.) This appeal under Order 43 Rule (1)(r) of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code for the sake of brevity) questions order dated 29.09.2016 passed by the learned Chamber Judge, City Civil Court, Court No.4, Ahmedabad below Exhibit 23 in Civil Suit No.1675 of 2016 whereby an application under Order VII Rule (10) of the Code of Civil Procedure, 1908 preferred by the respondent No.1 is allowed and the plaint of Civil Suit No.1675 of 2016 instituted by the appellant is ordered to be returned for presenting the same in a competent Court at Hyderabad.
(2.) The brief facts which are necessary to be considered to resolve the issue involved in this appeal can be summed up as under:
2.1. The appellant was awarded a contract by the respondent No.1 to set up ventilation system for two units of 800 M.W. each at Sri Damodaran Sanjeevaiah Thermal Power Plant of APPDCL at Krishnapatnam, District Nellore, Andhra Pradesh. Thereupon, the appellant and the respondent No.1 entered into (supply contract) dated 31.03.2011 bearing purchase order No. SBU PG/2x800MW SDSTPS K'patnam/1438 for supply of material for installation of the ventilation system for the value of Rs.7,53,71,000/ .
2.2 The appellant and the respondent No.1 also entered into another (Erection Contract) on the same date i.e. on 31.03.2011 bearing work order No.SBU PG/2x800MW SDSTPS K'patnam/1440 for erection of the ventilation system for the total value of Rs.58,15,000/ .
(3.) Pursuant to clause No.12 of the said contract, the appellant furnished performance bank guarantee, Ahmedabad. Later on, the appellant changed its bankers from HDFC Bank Limited to Oriental Bank of Commerce, Ahmedabad (respondent No.2) and replaced the performance bank guarantee.;
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