ORDER
SHEET TA No.15 of 2014 T No.35 of 2014 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE TRF LTD.Versus DAMODAR VALLEY CORPORATION & ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date : 30th January, 2014.
Appearance: Mr.Jayanta Mitra, Sr.Advocate Mr.Aniruddha Roy, Advocate Mr.O.P.Jhunjhunwala, Advocate Mr.V.V.V.Sastri, Advocate Mr.Nirmalya Dasgupta, Advocate for the petitioner The Court: Leave was granted to learned Counsel for the plaintiff to present the plaint at 2.00 P.M.today and to move an interim application ex-parte, immediately thereafter.
Such leave was granted because of urgency shown that the subject two bank guarantees were likely to be invoked by the fiRs.defendant at any time.
The prima facie case of the parties will be more fully understood in the presence of the defendants.
But the case of the plaintiff/petitioner made out today, in short is that the two subject bank guarantees are sought to be invoked in breach of the terms and conditions mentioned therein.
Although in the letter of invocation dated 24th January, 2014, the fiRs.defendant has alleged breach of the contract, it has not specified any loss as required to be specified under the subject bank guarantees.
Mr.Mitra, learned Senior Advocate, also submitted that these bank guarantees were conditional, inasmuch as the exact fault on the part of the plaintiff had to be recited in terms of clause 2 of the bank guarantees.
This was not specified in the letter of invocation.
I think Mr.Mitra is right, prima facie.
I pass an order in terms of prayer (d) of the Notice of Motion till 11th February, 2014.
I note that the bank guarantees are valid till 19th October, 2016.
Let this application be listed on 6th February, 2014.
Liberty is granted to the Advocate on record for the plaintiff/petitioner to communicate this order to the defendants by fax/E-mail or any other mode of swift communication.
All parties concerned to act on a signed photocopy of this order upon the usual undertakings.
G/ (I.P.MUKERJI, J.)