Plaintiff withdrew a suit seeking restraint of a bank guarantee invocation after monies were paid, with liberty to file a fresh suit. Suit dismissed as withdrawn.
Suit dismissed as withdrawn with liberty to file a fresh suit concerning the bank guarantee and payment.
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comsl 429-2017.doc
sat
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL SUIT (L) NO. 429 OF 2017
Global Energy Pvt.Ltd. ...Plaintiff Vs. Maharashtra State Electricity Distribution Company Ltd. & Anr. …Defendants
Mr.Chirag Dave I/b. Legasis Partners for Plaintiff.
CORAM : S.C. GUPTE, J.
11 OCTOBER 2017
P.C. :
The present suit is for restraining invocation of a bank guarantee. Since the bank guarantee has already seen invoked and the monies have been paid thereunder, learned Counsel for the Plaintiff seeks leave to withdraw the present suit with liberty to file a fresh suit concerning the bank guarantee and the payment made thereunder by Defendant No.2 to Defendant No.1.
The suit is dismissed as withdrawn with liberty as prayed. No order as to costs. Refund of court fees in accordance with the applicable rules.
(S.C. GUPTE, J.)
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S.C. Gupte
As recorded by the court registry
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