- (1.) This first miscellaneous appeal is directed against an order being No.2 dated 11th May, 2015 passed by the Learned Civil Judge, Senior Division, 2nd Court at Barasat in Title Suit No. 696 of 2015 by which the plaintiff's prayer for ad-interim injunction was refused by the Learned Trial Judge. Hence the plaintiff has filed the instant First Miscellaneous Appeal before this Court.
(2.) The plaintiff/company is a manufacturer & supplier of transformer of diverse kinds. Pursuant to the order placed by the West Bengal State Electricity Distribution Company Limited, some transformers were supplied to the West Bengal State Electricity Distribution Company Limited. However, payment could not be made to the plaintiff/company within the scheduled time as per the contract. As a result, the schedule for supply of the remaining transformers as per the order placed by the West Bengal State Electricity Distribution Company Limited was not maintained by the plaintiff/appellant, resulting in termination of the contract.
(3.) Under such circumstances, the West Bengal State Electricity Distribution Company Limited tried to invoke the Bank Guarantees issued by the United Bank of India at the instance of the plaintiff/appellant. Hence, the plaintiff/appellant filed the suit for declaration that the Bank Guarantees both dated 17th July, 2012, described in paragraph 7 of the plaint being annexure "D" thereto, be adjudged null and void and be delivered up and cancelled. Permanent injunction was also sought for restraining the defendant no.1 viz. the West Bengal State Electricity Distribution Company Limited from receiving any payment under the Bank Guarantees both dated 17th July, 2012 and/or from giving any effect to the letter dated 22nd April, 2015 or to any other letter of like nature. Permanent injunction has also been sought for against the defendant no.2, Bank for restraining it from invocation of the Bank Guarantees both dated 17th July, 2012 or from making any payment in respect thereof to the defendant no.1 viz. West Bengal State Electricity Distribution Company Limited.;