Court dismisses Bid Bank Guarantee invocation case, allows plaintiff to file new suit. Related proceedings scheduled. The court disposed of CS(COMM) No.1245/2018 regarding the Bid Bank Guarantee (BBG) invocation, finding it not in accordance with terms. The plaintiff can ...
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Court dismisses Bid Bank Guarantee invocation case, allows plaintiff to file new suit. Related proceedings scheduled.
The court disposed of CS(COMM) No.1245/2018 regarding the Bid Bank Guarantee (BBG) invocation, finding it not in accordance with terms. The plaintiff can file a new suit if needed, with all contentions open. Further proceedings for related cases were scheduled, and a court fee refund, minus &8377;25,000, was ordered.
Issues: Disposal of CS(COMM) No.1245/2018, Return of Bid Bank Guarantee, Further proceedings, Court fees refund
In the judgment, the court addressed the matter of CS(COMM) No.1245/2018 where the Bid Bank Guarantee (BBG) was invoked by the defendant no.2 Bank, leading to the filing of the suit by the plaintiff. The court noted that the invocation of the BBG was found to be not in accordance with its terms by the bank. The plaintiff, represented by senior counsel, expressed the intention to seek the return of the BBG to prevent any fresh invocation by the defendant no.1. The court decided to dispose of CS(COMM) No.1245/2018 with liberty for the plaintiff to file a new suit if the BBG is invoked again or if the need for its return arises. The judgment emphasized that all contentions of both parties would remain open for consideration in any future proceedings related to the matter. Additionally, the court scheduled further consideration of CS(COMM) No.1246/2018 & CS(COMM) No.1247/2018 for December 11, 2018, at 1130 hours. Furthermore, the court ordered the issuance of a certificate to the plaintiff for a refund of court fees paid in CS(COMM) No.1245/2018, deducting &8377; 25,000 from the total amount.
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