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Judgment
This application relates to a prayer for injunction relating to invoking a bank guarantee by the respondent no.1 who is based in Bangladesh.
By an order dated 7th May, 2021, learned Single Judge allowed the prayer of the petitioner by passing an order of injunction on the respondent no.1
from invoking the bank guarantee bearing No.999CG01190910182 dated 1st April, 2019 and renewed on 12th February, 2021. The respondent no.2,
being Yes Bank, was also restrained from making any payment/disbursement under the aforesaid bank guarantee bearing the number as stated above
in terms of letter of invocation received by the respondent no.2 on 6th May, 2021. The interim order was to remain operative till 25th May, 2021 and
the petitioner was to complete service of the application, as directed by the Court.
Learned Counsel appearing for the petitioner informs the Court that affidavits are yet to be completed in the matter although directions for such were
given by an order dated 24th May, 2021.
Learned Counsel appearing for the respondent no.2 however submits that the respondent no.2 does not intend to file an affidavit and that a recording
be made with regard to a counter-guarantee given by the respondent no.2. Counsel places a screenshot of the letter of invocation of the bank
guarantee which forms part of the application and submits that the bank guarantee given by the respondent no.2 to the Eastern Bank, Bangladesh is in
the form of a counter- guarantee and bears a different number, namely, 005BG02190870001.
Counsel appearing for the petitioner does not have any objection to the prayer.
Let the order dated 7th May, 2021 accordingly be understood also to mean that the injunction from invoking the bank guarantee would cover the
respondent no.2 pertaining to the counter-guarantee bearing No. 005BG02190870001.
The Court has also been informed that the interim order will continue till the end of June, 2021. The respondent no.2 does not wish to file affidavits as
recorded above. The respondent no.1 has not appeared despite service. However, the respondent no.1 is given one last chance to file affidavit-in-
opposition within two weeks from date.
The Advocate-on-Record of the petitioner is requested to inform the respondent no.1 within 24 hours from the date of this order. In the event, no
affidavit-in-opposition are filed within two weeks, the matter shall be listed on 12th July, 2021. The interim order shall continue till 17th July, 2021.
Since there are several applications pending between the same parties but with different banks as second respondents in the applications, it is made
clear that the order passed in this matter is restricted to this matter only and has been passed at the request of Counsel appearing for the respondent
no.2 in this application.