2017 (2) TMI 1525 - HC - Companies Law

Application for additional impleadment of Adani Power Rajasthan Limited as a party - HELD THAT - Issue summons on the suit and notice on the application on appropriate steps by all permissible modes to the three defendants, returnable on 19th April, 2017. Having heard the learned senior counsel on the prayer for ex-parte ad interim injunction and having gone through the record, bearing in mind the submissions that pursuant to letters of invocations which were issued sometime in January, 2017 for subject bank guarantees No.CPBG No. 0009PR11010027 for Rs. 2,02,55,000/- and CPBG No. 0009PR11010028 for Rs. 13,70,000/- (both issued by defendant No.2) and ABG No. 07551GPER001111 for Rs. 2,10,07,460/-, ABG No. 07551GPER001011 (both issued by defendant No.3), no payment has still been made, it is directed that defendants No.2 and 3 shall not make any payment under the said bank guarantees to the defendant No.1 till next date of hearing subject, however, to the condition that the plaintiff shall be obliged to take all necessary steps to keep the said bank guarantees alive, additional costs incurred for such purpose to be subject to further orders that may be passed in the course of these proceedings. Compliance of Order 39 Rule 3 shall be made within a week.

Summary

Issues involved:
1. Impleadment of a party in the proceedings
2. Prayer for ex-parte ad interim injunction on bank guarantees

Impleadment of a party in the proceedings:
In the case, the learned senior counsel representing the plaintiff acknowledged that Adani Power Rajasthan Limited should be included as a party in the proceedings based on the background facts outlined in the plaint. The counsel indicated that while seeking interim protection and process issuance against the defendant, an application for additional impleadment of Adani Power Rajasthan Limited would be filed. Consequently, the court directed the issuance of summons on the suit and notice on the application to the defendants, returnable on a specified date.

Prayer for ex-parte ad interim injunction on bank guarantees:
After hearing the senior counsel's arguments regarding the ex-parte ad interim injunction, the court examined the record. Considering that no payment had been made under the bank guarantees issued by the defendants, the court ordered that defendants No.2 and 3 should refrain from making any payments under the bank guarantees to defendant No.1 until the next hearing. However, the plaintiff was instructed to ensure the bank guarantees remained active, with any additional costs incurred for this purpose to be subject to further orders. The court also directed compliance with Order 39 Rule 3 within a week through Dasti service.

This judgment addresses the impleadment of a party in the proceedings and the granting of an ex-parte ad interim injunction on bank guarantees, ensuring that the plaintiff's interests are protected while maintaining fairness and due process in the legal proceedings.