w w w . L a w y e r S e r v i c e s . i n



M/s. Vadim Infrastructure Private Limited. (formerly M/s.VolTech Infrastructure Pvt. Ltd., Represented by its Director R. Rajamanickam v/s M/s. Sunil HiTech Engineers Ltd., Rep. by its Chairman & Managing Director & Another


Company & Directors' Information:- ENGINEERS INDIA LIMITED [Active] CIN = L74899DL1965GOI004352

Company & Directors' Information:- SUNIL HITECH ENGINEERS LIMITED [Under Liquidation] CIN = L28920MH1998PLC115155

Company & Directors' Information:- HITECH CORPORATION LIMITED [Active] CIN = L28992MH1991PLC168235

Company & Directors' Information:- G K S INFRASTRUCTURE LIMITED [Active] CIN = L45400DL1985PLC021038

Company & Directors' Information:- A INFRASTRUCTURE LIMITED [Active] CIN = L25191RJ1980PLC002077

Company & Directors' Information:- K D P INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74899DL1993PTC054780

Company & Directors' Information:- K P INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45203GJ2004PTC043482

Company & Directors' Information:- C INFRASTRUCTURE CORPORATION LIMITED [Strike Off] CIN = U61100DL1982PLC013968

Company & Directors' Information:- B & G INFRASTRUCTURE COMPANY PRIVATE LIMITED [Active] CIN = U40105TN2001PTC047408

Company & Directors' Information:- O B INFRASTRUCTURE LIMITED [Active] CIN = U45200TG2006PLC049067

Company & Directors' Information:- K U INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45206TG2008PTC096209

Company & Directors' Information:- Y T INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202MH2010PTC206409

Company & Directors' Information:- B S B K ENGINEERS PRIVATE LIMITED [Amalgamated] CIN = U74210DL1985PTC021596

Company & Directors' Information:- N K B INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200HR2011PTC042402

Company & Directors' Information:- R K D INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45209WB2009PTC131919

Company & Directors' Information:- VOLTECH ENGINEERS PRIVATE LIMITED [Active] CIN = U28999TN2005PTC055691

Company & Directors' Information:- B AND B INFRASTRUCTURE LIMITED [Active] CIN = U85110KA1987PLC008488

Company & Directors' Information:- K A J INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70101DL2011PTC217204

Company & Directors' Information:- M M ENGINEERS PRIVATE LIMITED [Active] CIN = U02919TZ1987PTC001936

Company & Directors' Information:- D K D ENGINEERS PRIVATE LIMITED [Active] CIN = U18101TZ1993PTC004673

Company & Directors' Information:- U C C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201MH2003PTC139844

Company & Directors' Information:- R L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70102UP2010PTC041755

Company & Directors' Information:- L K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400MH2010PTC203711

Company & Directors' Information:- B S R INFRASTRUCTURE PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70101KA2006PTC038204

Company & Directors' Information:- B N A INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201MH2006PTC163769

Company & Directors' Information:- N L ENGINEERS PRIVATE LIMITED [Active] CIN = U27109PB1997PTC020362

Company & Directors' Information:- S K J INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45102MH2001PTC131284

Company & Directors' Information:- K B A INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202MH2009PTC194291

Company & Directors' Information:- V P M INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400TN2011PTC082368

Company & Directors' Information:- S AND T ENGINEERS PRIVATE LIMITED [Active] CIN = U51103TZ2009PTC015456

Company & Directors' Information:- K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201GJ2009PTC056299

Company & Directors' Information:- V A ENGINEERS PRIVATE LIMITED [Amalgamated] CIN = U29299MH1997PTC215888

Company & Directors' Information:- I & B ENGINEERS PRIVATE LIMITED [Active] CIN = U45309WB2008PTC124644

Company & Directors' Information:- D G INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45401MH2004PTC146369

Company & Directors' Information:- E K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200TN2008PTC066962

Company & Directors' Information:- AT AND T ENGINEERS PRIVATE LIMITED [Active] CIN = U45203DL2012PTC239940

Company & Directors' Information:- A & A INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74899DL1976PTC008196

Company & Directors' Information:- K L N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70100KA2013PTC070361

Company & Directors' Information:- N K R ENGINEERS PRIVATE LIMITED [Active] CIN = U29293GJ2004PTC045176

Company & Directors' Information:- C C ENGINEERS PVT LTD [Active] CIN = U30009PN1991PTC063868

Company & Directors' Information:- M AND T ENGINEERS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036107

Company & Directors' Information:- J G ENGINEERS PVT LTD [Active] CIN = U45402WB1970PTC027713

Company & Directors' Information:- C P INFRASTRUCTURE PVT LTD [Active] CIN = U45201DL2005PTC143865

Company & Directors' Information:- G. R. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2005PTC152633

Company & Directors' Information:- P E ENGINEERS PVT LTD [Active] CIN = U74210TG1981PTC003247

Company & Directors' Information:- M S ENGINEERS INDIA PRIVATE LIMITED [Strike Off] CIN = U45200MH2006PTC159314

Company & Directors' Information:- C K ENGINEERS INDIA PRIVATE LIMITED [Active] CIN = U74200CH1997PTC020744

Company & Directors' Information:- R P INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2003PTC141340

Company & Directors' Information:- VADIM INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45206TN2007PTC065682

Company & Directors' Information:- K. J. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201MH2006PTC165014

Company & Directors' Information:- B S Y INFRASTRUCTURE PRIVATE LIMITED. [Active] CIN = U70101HR2006PTC064456

Company & Directors' Information:- U N F ENGINEERS INDIA PRIVATE LIMITED [Active] CIN = U31102AS2003PTC007198

Company & Directors' Information:- A V ENGINEERS PRIVATE LIMITED [Active] CIN = U29306CH2002PTC024874

Company & Directors' Information:- J AND K ENGINEERS PVT LTD [Converted to LLP and Dissolved] CIN = U29259GJ1982PTC005625

Company & Directors' Information:- M AND S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400TN2011PTC083038

Company & Directors' Information:- G B K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202MH2008PTC177202

Company & Directors' Information:- G K INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200GJ2005PTC046213

Company & Directors' Information:- G S M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2004PTC125377

Company & Directors' Information:- T & I ENGINEERS PRIVATE LIMITED [Active] CIN = U29252AS2000PTC006243

Company & Directors' Information:- H B ENGINEERS PRIVATE LIMITED [Active] CIN = U65910GJ1995PTC027208

Company & Directors' Information:- V K M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400UP2008PTC034606

Company & Directors' Information:- A V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45203WB2006PTC111599

Company & Directors' Information:- S. J. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200DL2006PTC155904

Company & Directors' Information:- B. K. ENGINEERS (INDIA) PRIVATE LIMITED [Active] CIN = U28112MH2011PTC214002

Company & Directors' Information:- B. N. S. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400MH2010PTC206202

Company & Directors' Information:- HITECH (INDIA) PRIVATE LIMITED [Active] CIN = U29220TG1974PTC001768

Company & Directors' Information:- B G M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400WB2011PTC162415

Company & Directors' Information:- S M V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200DL2006PTC155016

Company & Directors' Information:- K S INFRASTRUCTURE PRIVATE LIMITED. [Active] CIN = U70101MP2006PTC020722

Company & Directors' Information:- K B S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70101DL2005PTC136641

Company & Directors' Information:- D L H INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U52600JH2010PTC014524

Company & Directors' Information:- K C K ENGINEERS INDIA PRIVATE LIMITED [Strike Off] CIN = U29299DL1993PTC056432

Company & Directors' Information:- S N N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202KA2011PTC059893

Company & Directors' Information:- G. V. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400DL2012PTC234078

Company & Directors' Information:- I I S C ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U45201TN1986PTC013124

Company & Directors' Information:- S A P INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2005PTC141285

Company & Directors' Information:- K S K INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC175908

Company & Directors' Information:- J. S. W. ENGINEERS PRIVATE LIMITED [Active] CIN = U29120MH2010PTC288640

Company & Directors' Information:- K A ENGINEERS PRIVATE LIMITED [Active] CIN = U74999DL2003PTC119859

Company & Directors' Information:- K L R ENGINEERS PRIVATE LIMITED [Active] CIN = U74210TG1996PTC024040

Company & Directors' Information:- N P L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400CH2009PTC031638

Company & Directors' Information:- K. E. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400MH2012PTC225658

Company & Directors' Information:- P A S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200DL2006PTC155015

Company & Directors' Information:- J B C ENGINEERS PRIVATE LIMITED. [Active] CIN = U31300DL2004PTC125469

Company & Directors' Information:- T R ENGINEERS PRIVATE LIMITED [Active] CIN = U29111DL2004PTC126852

Company & Directors' Information:- G S T INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2006PTC160073

Company & Directors' Information:- D C ENGINEERS PRIVATE LIMITED [Active] CIN = U74210MH1999PTC118382

Company & Directors' Information:- E C ENGINEERS PVT LTD [Active] CIN = U28920MH1981PTC024675

Company & Directors' Information:- B J & P ENGINEERS PRIVATE LIMITED [Active] CIN = U28910TN2008PTC067728

Company & Directors' Information:- K B ENGINEERS PVT LTD [Strike Off] CIN = U27202WB1987PTC041979

Company & Directors' Information:- N B S ENGINEERS (INDIA) PRIVATE LIMITED [Active] CIN = U74999DL1998PTC096033

Company & Directors' Information:- P J INFRASTRUCTURE PVT LTD [Active] CIN = U45200MH2006PTC159217

Company & Directors' Information:- S B M INFRASTRUCTURE LIMITED [Active] CIN = U70102CH1992PLC012381

Company & Directors' Information:- N. C. R. ENGINEERS PRIVATE LIMITED [Active] CIN = U45400UP2008PTC034625

Company & Directors' Information:- A V C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70102TG2007PTC056671

Company & Directors' Information:- V K G ENGINEERS PVT LTD [Strike Off] CIN = U45202PB2006PTC030194

Company & Directors' Information:- V D INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400WB2008PTC122820

Company & Directors' Information:- J C ENGINEERS PRIVATE LIMITED [Active] CIN = U29248HR1988PTC030208

Company & Directors' Information:- K C ENGINEERS LIMITED [Active] CIN = U74999HR2005PLC035602

Company & Directors' Information:- K C ENGINEERS PRIVATE LIMITED [Active] CIN = U74999HR2005PTC035602

Company & Directors' Information:- H H ENGINEERS PRIVATE LIMITED [Active] CIN = U27109PB1996PTC018479

Company & Directors' Information:- C & L ENGINEERS (INDIA) PVT. LTD. [Strike Off] CIN = U29190DL1998PTC096952

Company & Directors' Information:- G AND M ENGINEERS PVT. LTD. [Strike Off] CIN = U74210MH1986PTC041517

Company & Directors' Information:- I V M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45209TG2011PTC073968

Company & Directors' Information:- H V ENGINEERS PVT LTD [Active] CIN = U45202PB1978PTC003839

Company & Directors' Information:- M K C ENGINEERS PVT LTD [Active] CIN = U30009WB1988PTC045711

Company & Directors' Information:- U S INFRASTRUCTURE INDIA PRIVATE LIMITED [Strike Off] CIN = U74999DL2002PTC117525

Company & Directors' Information:- I T ENGINEERS PRIVATE LIMITED [Active] CIN = U45201DL2005PTC136156

Company & Directors' Information:- E B P ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U52392DL2003PTC118311

Company & Directors' Information:- B G R INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202KA2012PTC065026

Company & Directors' Information:- N. R. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202GJ2006PTC049520

Company & Directors' Information:- L S ENGINEERS PRIVATE LIMITED [Active] CIN = U29120MH2000PTC129659

Company & Directors' Information:- H V ENGINEERS P LTD. [Active] CIN = U27106WB1990PTC050281

Company & Directors' Information:- S M R ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U29199TZ2000PTC009464

Company & Directors' Information:- K. G. R INFRASTRUCTURE PRIVATE LIMITED. [Strike Off] CIN = U70102DL2008PTC177822

Company & Directors' Information:- A L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2008PTC184347

Company & Directors' Information:- N B INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201OR2008PTC009989

Company & Directors' Information:- C. I. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45203MP2005PTC018149

Company & Directors' Information:- V V S ENGINEERS PRIVATE LIMITED [Under Process of Striking Off] CIN = U27310AP1985PTC005668

Company & Directors' Information:- S G INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201RJ1999PTC015467

Company & Directors' Information:- A C F ENGINEERS PRIVATE LIMITED [Active] CIN = U15209MH1988PTC049094

Company & Directors' Information:- V B ENGINEERS PRIVATE LIMITED [Active] CIN = U25209MH2009PTC191163

Company & Directors' Information:- D V ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74899DL1994PTC061013

Company & Directors' Information:- F L B ENGINEERS PRIVATE LIMITED [Active] CIN = U28932MH1985PTC035994

Company & Directors' Information:- S B R ENGINEER'S PRIVATE LIMITED [Strike Off] CIN = U45202WB2000PTC092506

Company & Directors' Information:- INFRASTRUCTURE ENGINEERS INDIA PRIVATE LIMITED [Strike Off] CIN = U70101WB2000PTC091503

Company & Directors' Information:- J N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201OR2008PTC009789

Company & Directors' Information:- K C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200PB2008PTC032011

Company & Directors' Information:- J. S. W. ENGINEERS PRIVATE LIMITED [Active] CIN = U29120PN2010PTC136515

Company & Directors' Information:- C C I INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201TN2007PTC063617

Company & Directors' Information:- R K R ENGINEERS (INDIA) PRIVATE LIMITED [Active] CIN = U45206TN2013PTC092795

Company & Directors' Information:- A Q INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400MH2010PTC203965

Company & Directors' Information:- A B INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MH2004PTC144994

Company & Directors' Information:- S H A INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400UP2012PTC049795

Company & Directors' Information:- L V S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200TG2006PTC051289

Company & Directors' Information:- V H B INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC172682

Company & Directors' Information:- G A V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74999DL2007PTC158113

Company & Directors' Information:- S & I INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400HR2007PTC037191

Company & Directors' Information:- V V S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70100KA2015PTC084214

Company & Directors' Information:- P J B ENGINEERS PRIVATE LIMITED [Active] CIN = U74210KA1999PTC024856

Company & Directors' Information:- D L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201CT2018PTC008919

Company & Directors' Information:- G. H. INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45309UP2020PTC126090

Company & Directors' Information:- SUNIL HITECH INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45500WB2019PTC229937

Company & Directors' Information:- H M S ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U29219CH1991PTC011585

Company & Directors' Information:- J L ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U28920MH2000PTC124206

Company & Directors' Information:- P M C ENGINEERS PVT LTD [Strike Off] CIN = U74210KL1981PTC003354

Company & Directors' Information:- J J V ENGINEERS PRIVATE LIMITED [Active] CIN = U74200HR2013PTC048964

Company & Directors' Information:- L R INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45402TN2007PTC064029

Company & Directors' Information:- G. D. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45209MH2010PTC208011

Company & Directors' Information:- P T R ENGINEERS PRIVATE LIMITED [Under Liquidation] CIN = U31901TN1979PTC007806

Company & Directors' Information:- S L V ENGINEERS PRIVATE LIMITED [Active] CIN = U72501TZ2000PTC009366

Company & Directors' Information:- C. B. S. ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74120UP2011PTC045651

Company & Directors' Information:- G N R INFRASTRUCTURE (INDIA) LIMITED [Strike Off] CIN = U45200TG2009PLC065140

Company & Directors' Information:- A R K INFRASTRUCTURE INDIA PRIVATE LIMITED [Strike Off] CIN = U74900TG2015PTC100714

Company & Directors' Information:- U V F INFRASTRUCTURE LIMITED [Active] CIN = U45400WB2010PLC153786

Company & Directors' Information:- B K INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC136992

Company & Directors' Information:- R A INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74899DL2005PTC143884

Company & Directors' Information:- C. A. D. INFRASTRUCTURE INDIA PRIVATE LIMITED [Strike Off] CIN = U45201MP1997PTC012280

Company & Directors' Information:- M R K ENGINEERS PRIVATE LIMITED [Active] CIN = U21014KA1995PTC018466

Company & Directors' Information:- B R G INFRASTRUCTURE LIMITED [Active] CIN = U45201GJ2008PLC052708

Company & Directors' Information:- O P L INFRASTRUCTURE PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U70101HR2009PTC039553

Company & Directors' Information:- H R M ENGINEERS PRIVATE LIMITED [Active] CIN = U45200MH1998PTC117606

Company & Directors' Information:- P C ENGINEERS PRIVATE LIMITED [Active] CIN = U34300CH1985PTC006093

Company & Directors' Information:- C M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122794

Company & Directors' Information:- R H ENGINEERS PVT LTD [Active] CIN = U74200CH1984PTC005944

Company & Directors' Information:- L & C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200KA2008PTC046271

Company & Directors' Information:- R. S. V. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70100WB2008PTC127373

Company & Directors' Information:- G-4 ENGINEERS PRIVATE LIMITED [Active] CIN = U32204MH2008PTC177646

Company & Directors' Information:- G S ENGINEERS PVT LTD [Active] CIN = U74210PB1994PTC014225

Company & Directors' Information:- H I ENGINEERS PVT LTD [Active] CIN = U74210WB1984PTC037097

Company & Directors' Information:- S A ENGINEERS LTD [Strike Off] CIN = U28932WB1977PLC031202

Company & Directors' Information:- ENGINEERS LTD [Strike Off] CIN = U29100WB1933PLC007579

Company & Directors' Information:- G B ENGINEERS PVT LTD [Strike Off] CIN = U74210WB1982PTC034958

Company & Directors' Information:- R. J. ENGINEERS PRIVATE LIMITED [Active] CIN = U29199TZ1990PTC002690

Company & Directors' Information:- AMP ENGINEERS PVT LTD [Strike Off] CIN = U21011UP1988PTC010091

Company & Directors' Information:- SUNIL & CO PVT LTD [Active] CIN = U32109WB1984PTC037810

Company & Directors' Information:- A R ENGINEERS PVT LTD [Strike Off] CIN = U45203OR1993PTC003413

Company & Directors' Information:- M. Y. ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U28920MH1999PTC119174

Company & Directors' Information:- VOLTECH INDIA PRIVATE LIMITED [Active] CIN = U74900DL1997PTC086192

Company & Directors' Information:- P & A ENGINEERS PRIVATE LIMITED [Active] CIN = U70101OR2011PTC014428

Company & Directors' Information:- M AND D (ENGINEERS) PRIVATE LIMITED [Active] CIN = U28932MH1975PTC018333

Company & Directors' Information:- Q M ENGINEERS (INDIA) PRIVATE LIMITED [Active] CIN = U31100MH2006PTC159261

Company & Directors' Information:- C D E INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201MH2012PTC235483

Company & Directors' Information:- V & B INFRASTRUCTURE (I) PRIVATE LIMITED [Under Process of Striking Off] CIN = U45400MH2010PTC206803

Company & Directors' Information:- D B G INFRASTRUCTURE (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45209PN2010PTC137319

Company & Directors' Information:- C & C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74210PN2008PTC133179

Company & Directors' Information:- M N V INFRASTRUCTURE (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45202AN2010PTC000130

Company & Directors' Information:- S C N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U67200TG1995PTC021606

Company & Directors' Information:- S P H R INFRASTRUCTURE PVT LTD [Strike Off] CIN = U45209WB2006PTC109280

Company & Directors' Information:- A G ENGINEERS PRIVATE LIMITED [Active] CIN = U74899DL1986PTC024138

Company & Directors' Information:- J V INFRASTRUCTURE PRIVATE LIMITED [Under Process of Striking Off] CIN = U45201DL2005PTC139686

Company & Directors' Information:- S I S INFRASTRUCTURE PRIVATE LIMITED [Under Process of Striking Off] CIN = U70200DL2014PTC263278

Company & Directors' Information:- Y A ENGINEERS PRIVATE LIMITED [Active] CIN = U74899DL2001PTC110304

Company & Directors' Information:- R. F. ENGINEERS PRIVATE LIMITED [Active] CIN = U32100DL2010PTC199732

Company & Directors' Information:- A S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70109DL1996PTC084029

Company & Directors' Information:- P G INFRASTRUCTURE PRIVATE LIMITED [Converted to LLP] CIN = U70109DL1996PTC084030

Company & Directors' Information:- B S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70109DL1996PTC084031

Company & Directors' Information:- M S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70109DL1996PTC084032

Company & Directors' Information:- Z M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200GJ2010PTC063179

Company & Directors' Information:- J B C INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45203PN1998PTC112753

Company & Directors' Information:- A TO Z ENGINEERS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U29299DL1988PTC030239

Company & Directors' Information:- K J S ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74210DL1998PTC093851

Company & Directors' Information:- A P ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U29269UP1991PTC013866

Company & Directors' Information:- J K L INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45203TG1998PTC030087

Company & Directors' Information:- R L E S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45309TN2008PTC069251

Company & Directors' Information:- S S ENGINEERS PVT LTD [Strike Off] CIN = U28931TN1987PTC015093

Company & Directors' Information:- A S ENGINEERS PVT LTD [Strike Off] CIN = U74999TG1988PTC008455

Company & Directors' Information:- N R S ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U29269UP1992PTC014881

Company & Directors' Information:- I I C INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70109DL2006PTC152588

Company & Directors' Information:- H. G. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201GJ2007PTC049740

Company & Directors' Information:- AND INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U74999PY2016PTC008099

Company & Directors' Information:- S R V ENGINEERS PVT LTD [Strike Off] CIN = U24231UP1988PTC009258

Company & Directors' Information:- J INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70200UR2012PTC000254

Company & Directors' Information:- A. B. T. ENGINEERS PVT. LTD. [Strike Off] CIN = U28111OR1993PTC003388

Company & Directors' Information:- A B K ENGINEERS PRIVATE LIMITED [Active] CIN = U29253DL2008PTC178060

Company & Directors' Information:- H J ENGINEERS PRIVATE LTD [Active] CIN = U74899DL1987PTC027668

Company & Directors' Information:- T S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70100MP2008PTC021187

Company & Directors' Information:- G T INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200GJ2011PTC064637

Company & Directors' Information:- G L INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201GJ2007PTC050660

Company & Directors' Information:- A R ENGINEERS PVT LTD [Not available for efiling] CIN = U71220UP1978PTC004701

Company & Directors' Information:- K K ENGINEERS INDIA PRIVATE LIMITED [Active] CIN = U74200CH1984PTC005826

Company & Directors' Information:- M I J INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201DL2004PTC125213

Company & Directors' Information:- B T INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45202GJ2004PTC043463

Company & Directors' Information:- D H ENGINEERS PVT LTD [Strike Off] CIN = U51109WB1963PTC025758

Company & Directors' Information:- G F M ENGINEERS PVT LTD [Strike Off] CIN = U45202WB1969PTC027476

Company & Directors' Information:- R B ENGINEERS PRIVATE LIMITED [Active] CIN = U24230MH2003PTC141901

Company & Directors' Information:- S B H INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U60231MH2011PTC217039

Company & Directors' Information:- B & G HITECH PRIVATE LIMITED [Strike Off] CIN = U93090PB2011PTC035602

Company & Directors' Information:- F S ENGINEERS PRIVATE LIMITED [Active] CIN = U74210TN1973PTC006482

Company & Directors' Information:- U. K. ENGINEERS PRIVATE LIMITED [Active] CIN = U31900PN2008PTC132332

Company & Directors' Information:- Z & B INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70200MH2007PTC166887

Company & Directors' Information:- S & O INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400MH2011PTC214034

Company & Directors' Information:- D P S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200MH2006PTC159955

Company & Directors' Information:- J B ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74900MH2012PTC226187

Company & Directors' Information:- S & E ENGINEERS PRIVATE LIMITED [Active] CIN = U74999PN2010PTC135666

Company & Directors' Information:- T S A INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400UP2014PTC065137

Company & Directors' Information:- V B G INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70100TG2010PTC069278

Company & Directors' Information:- G S V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45209TG2008PTC059195

Company & Directors' Information:- M N C INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45209TG2011PTC077524

Company & Directors' Information:- D B S ENGINEERS PRIVATE LIMITED [Active] CIN = U74210UP2010PTC084195

Company & Directors' Information:- G K V ENGINEERS PRIVATE LIMITED [Active] CIN = U74999TN2010PTC077912

Company & Directors' Information:- G H ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U28939DL2004PTC130703

Company & Directors' Information:- N R ENGINEERS PRIVATE LIMITED [Active] CIN = U29292DL2011PTC221986

Company & Directors' Information:- M I T INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC180830

Company & Directors' Information:- V N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400DL2010PTC203928

Company & Directors' Information:- B N R ENGINEERS PRIVATE LIMITED [Active] CIN = U74899DL1973PTC006709

Company & Directors' Information:- K M ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U45400DL2014PTC272465

Company & Directors' Information:- HITECH INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400DL2016PTC300321

Company & Directors' Information:- K K S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC159678

Company & Directors' Information:- U R INFRASTRUCTURE COMPANY PRIVATE LIMITED [Active] CIN = U45201DL2004PTC127085

Company & Directors' Information:- I K INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2005PTC135711

Company & Directors' Information:- S S T INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC137437

Company & Directors' Information:- D S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2005PTC138026

Company & Directors' Information:- A J S INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45201DL2005PTC140640

Company & Directors' Information:- M R INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC143565

Company & Directors' Information:- V INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70200DL2009PTC191676

Company & Directors' Information:- K W INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70102DL2011PTC224462

Company & Directors' Information:- A S M INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70102DL2015PTC279049

Company & Directors' Information:- J V B INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70102DL2015PTC283560

Company & Directors' Information:- A K S T INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U70109DL2012PTC236675

Company & Directors' Information:- M. A. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200DL2007PTC158810

Company & Directors' Information:- G S K INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200DL2006PTC155120

Company & Directors' Information:- H V INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200DL2007PTC158234

Company & Directors' Information:- R. R. G INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200DL2007PTC170567

Company & Directors' Information:- B P M INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200DL2008PTC179121

Company & Directors' Information:- M & H INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U80904DL2007PTC166303

Company & Directors' Information:- B H I INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U70101MP2012PTC029256

Company & Directors' Information:- S AND Y INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200MP2013PTC031382

Company & Directors' Information:- P V R N INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45400HR2010PTC040311

Company & Directors' Information:- C D INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U74900HR2007PTC037175

Company & Directors' Information:- R J S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201GJ2009PTC055941

Company & Directors' Information:- B R B INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201GJ2008PTC053682

Company & Directors' Information:- B. R. INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201GJ2008PTC054103

Company & Directors' Information:- T H D INFRASTRUCTURE PRIVATE LIMITED [Active] CIN = U45200KL2012PTC032595

Company & Directors' Information:- J S INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45203GJ2003PTC042641

Company & Directors' Information:- N K ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U65921UP1954PTC002533

Company & Directors' Information:- H. R. ENGINEERS PVT LTD [Strike Off] CIN = U74999PB1973PTC003316

Company & Directors' Information:- ENGINEERS CORPORATION PVT LTD [Strike Off] CIN = U74300WB1946PTC022035

Company & Directors' Information:- O P M S ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74899DL1984PTC018969

Company & Directors' Information:- I S C ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U74140DL1983PTC017046

Company & Directors' Information:- A AND H INFRASTRUCTURE LIMITED [Strike Off] CIN = U45203MH1998PLC117368

Company & Directors' Information:- G P B ENGINEERS PVT LTD [Strike Off] CIN = U29212RJ1990PTC005595

Company & Directors' Information:- D L C INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45201PB2007PTC031022

Company & Directors' Information:- R S J INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45300DL2007PTC167583

Company & Directors' Information:- N K INFRASTRUCTURE PRIVATE LIMITED [Strike Off] CIN = U45200DL2006PTC156614

Company & Directors' Information:- THE ENGINEERS PRIVATE LIMITED [Strike Off] CIN = U99999KA1948PTC000551

Company & Directors' Information:- M. AND S. (ENGINEERS) LIMITED [Dissolved] CIN = U99999MH1952PLC008956

    C.S. No. 274 of 2014 & O.A. No. 589 of 2014

    Decided On, 13 February 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN

    For the Plaintiff: Sharath Chandran, Advocate. For the Defendants: D1, No appearance, D2, set exparte.



Judgment Text


(Prayer: Plaint is filed under Order IV Rule 1 of Original Side Rule read with Order VII Rule 1 of C.P.C.

a. Declare the invocation of the Bank Guarantee by the defendant as illegal and consequently direct the 1st defendant to pay at Rs.1,19,38,641/- (One Crore Nineteen Lakhs Thirty Eight Thousand Six Hundred and Forty One only) with future interest at 16% from 16.02.2014 to till the payment in full to the plaintiff.

b. Mandatory directing the 1st defendant to permit the plaintiff to complete the work awarded within the extended period by giving the site and not to allot the said contract work to any third parties.

c. Permanent injunction, restraining the 1st defendant from using the material supplied by the plaintiff as per the letter of award dated 01.12.2010 and the amended letter of award dated 05.06.2012, including the cost of the additional materials supplied, without effecting payments and without terminating the existing contract.

d. Direct the defendants to pay cost of the proceedings and pass such other order/relief, as this Hon’ble Court may deem fit and proper.)

1. The suit filed for declaration to declare the invocation of the Bank Guarantee by the 1st defendant and consequently to direct the 1st defendant to pay a sum of Rs.1,19,38,641/- (One Crore Nineteen Lakhs Thirty Eight Thousand Six Hundred and Forty One only) with future interest at 16% p.a.

2. The plaintiff has also prayed for mandatory direction, directing the 1st defendant to permit the plaintiff to complete the work awarded within the extended period and permanent injunction restraining the 1st defendant from using the material supplied.

3. The case of the plaintiff is that, it is a company incorporated under the Companies Act, 1956, engaged in manufacturing and supply of Electrical and Instrumentation. In response to the advertisements of the 1st defendant, inviting offer of supply E-Bop equipment and erection at IX250 MW Parli site at Parle, the plaintiff entered into an agreement with the 1st defendant for supply of E-Bop equipments to the 1st defendant’s on going project. The 1st defendant issued letter of award on 01.12.2010 for erection, testing and commissioning of E-Bop equipment and amended letter of award for supply for the enhanced value of materials to be supplied was issued by the 1st defendant on 05.06.2012.

4. The plaintiff gave a contract performance security in the form of Bank Guarantee equivalent to 10% of the total contract value and same was renewed and kept valid as per the instructions of the 1st defendant. Initially, the period contract was 12 months, from the date of receipt of drawing approval. Accordingly, the plaintiff effected supply and stocked the materials at the site of the 1st defendant. It was agreed by the defendant that on supply of materials, the plaintiff will pay pro-rata. The bank guarantee dated 10.08.2012 for the value of Rs.1,11,74,490/- (One Crore Eleven Lakhs Seventy Four Thousand Four Hundred and Ninety only) was executed by the plaintiff, which was in force till 30.08.2013. The plaintiff has earnestly completed his part of contract in effecting supply of material. There is no breach on the part of the plaintiff on any of the contractual terms. The defendant sought for additional supply of materials and unilaterally extended the period of completion of the contract upon to February -2014 and in consonance with the extension of contractual period, requested the plaintiff to extend the validity of the Bank Guarantee upon 28.02.2014. The plaintiff, without knowing the fraudulent intention of the 1st defendant extended the validity of the Bank Guarantee till 28.02.2014. However, within a week from extension for the Bank Guarantee, the 1st defendant has invoked the bank guarantee without any fault on the part of the plaintiff and without issuing any notice for termination. The 1st defendant has fraudulently and falsely alleged violation of contract for invoking the bank guarantee. The 1st defendant has not mentioned which provision of the contractual terms and conditions being violated by the plaintiff for encashment of the Bank Guarantee. The 2nd defendant, who is bound to safeguard its customers wilfully allowed the 1st defendant to encash the Bank Guarantee and permitted the 1st defendant to make unlawful gain. The 2nd defendant, by allowing the 1st defendant to cash the Bank Guarantee without any breach of termination of the existing contract has committed dereliction of duty and deficiency of service.

5. The 1st defendant, after getting the bank guarantee extended, failed to give the site for completion of the contract but invoked the bank guarantee to encash Rs.1,11,74,490/-. Therefore, alleging fraud on the part of the 1st defendant and dereliction of duty on the part of the 2nd defendant, the present suit is filed for the following reliefs:-

a. Declare the invocation of the Bank Guarantee by the defendant as illegal and consequently direct the 1st defendant to pay at Rs.1,19,38,641/- (One Crore Nineteen Lakhs Thirty Eight Thousand Six Hundred and Forty One only) with future interest at 16% from 16.02.2014 to till the payment in full to the plaintiff.

b. Mandatory directing the 1st defendant to permit the plaintiff to complete the work awarded within the extended period by giving the site and not to allot the said contract work to any third parties.

c. Permanent injunction, restraining the 1st defendant from using the material supplied by the plaintiff as per the letter of award dated 01.12.2010 and the amended letter of award dated 05.06.2012, including the cost of the additional materials supplied, without effecting payments and without terminating the existing contract.

d. Direct the defendants to pay cost of the proceedings and pass such other order/relief, as this Hon’ble Court may deem fit and proper.

6. The 1st defendant has entered appearance and filed written statement, alleging that, no part of cause of action as arisen within the Original Civil Jurisdiction of this Court as a consequence the plaint has to be rejected under Order VII Rule 11 of C.P.C., That apart, the defendant has accused the plaintiff stating that, the entire project of the defendant suffered due to inadequate planning and inexperience in executing the project by the plaintiff. The plaintiff was unable to execute the project of such a big magnitude since it did not have necessary wherewithal and expertise to complete E-Bop scope of the project. The plaintiff has not fulfilled the scope of work order particularly supply of E-Bop. The plaintiff not supplied materials in the standard quantity as per billing breakup.

7. Despite several reminders, the plaintiff has not replied for not submitting the invoice and not fulfilling his part of the contract. The plaintiff has committed breach of contract, which resulted not only causing immense loss to the 1st defendant but also jeopardized the completion of the entire project. Therefore, the letter of termination dated 14.09.2019 was issued to the plaintiff for the breach of contractual terms and conditions as a consequence, the 2nd defendant permitted the encashment of the Bank Guarantee. Hence, the suit has to be dismissed.

8. Based on the pleadings, the following issues were framed by this Court on 17.08.2017.

(i). Whether this Court have territorial jurisdiction to entertain the present suit since no cause of action arisen within the jurisdiction of this Court?

(ii). Whether the plaintiff committed breach of contract/award dated 01.12.2010 and amended letter of award dated 05.06.2012?

(iii). Whether the plaintiff complied with all terms and conditions of the contract/award dated 01.12.2010 and other contracts more particularly with regard to supply of materials?

(iv). Whether the unauthorised invocation of the bank guarantee on 14.09.2013 is unauthorised and illegal?

(v). Whether the plaintiff is entitled to a sum of Rs.1,19,38,641/- with future interest at 16% from 16.02.2014 till the date of payment?

(vi). Whether the defendant ought to be restrained by a decree of perpetual injunction from using the material supplied by the plaintiff as per the letter dated 01.12.2010 and the amended letter dated 05.06.2012, without effecting payments and terminating the contract?

(vii). To what relief both the parties entitled to?

9. Pending trial, it was brought to the notice of this Court that 1st defendant Company was taken over by the liquidator by the orders of the NCLT, Mumbai, dated 25.06.2016 (American Express Vs. Sunil HiTech Engineers Private Limited). Hence, notice was sent to the Mr.Harshad Shamkant Deshpande the Interim Resolutional Professional. Till the moratorium period was in force, the suit was not taken up for trial. On 20.06.2019, this Court directed the learned counsel appearing for the 1st defendant to report about the status of the case which is pending before NCLT, Mumbai.

10. The Learned Counsel appearing for the 1st defendant filed a memo on 25.07.2019 reporting that NCLT, Mumbai, has passed an order on liquidation against the 1st defendant’s Company and has appointed Mr.Avll Jerome Menezes as a liquidator, for carrying out the liquidation process and sought time to get further instructions. Therefore, this Court, issued notice to the liquidator, who received notice but had not appeared in personal or through counsel. In the light of the above fact, the case was posted before Master for recording evidence. The plaintiff has filed proof affidavit in lieu of written statement, marked 14 documents. There is no representation on behalf of the 1st defendant and there is no cross examination.

11. The Learned Counsel appearing for the plaintiff would point out that in Ex.P.7 letter of 1st defendant dated 09.08.2013, the 1st defendant has expressed their inability to settle the claim and sought time to pay the bill, however at the same time wanted the plaintiff to continue the supply of material. After such a request and request for extension of Bank guarantee vide letter dated 05.07.2013 Ex.P.6 the defendant has fraudulently invoked the bank Guarantee and the defence taken by the defendants that there was a breach of contract is contrary to their own admission in Ex.P.7.

12. The Learned Counsel for the plaintiff would further submit that the financial impropriety of the 1st defendant has forced the plaintiff to file police complaint on 01.10.2013 (Ex.P.14). Relying upon Ex.P.2 letter of award dated 01.12.2010 and amended Letter of award dated 05.06.2012. The learned Counsel for the plaintiff would submit that there is no breach of any terms of contract on its part for the 1st defendant to invoke the bank guarantee.

13. The reason stated by the 1st defendant in the letter dated 14.09.2013 addressed to 2nd defendant for invoking the Bank Guarantee is that the supplier failed to fulfil or default to comply the contractual scope of work and obligation. This expression is mere extraction of the terms of contract. The nature of failure to supply or default to comply the contract is not mentioned in the said letter. While so, the 2nd defendant without verifying the veracity of the said allegation, simply permitted the 1st defendant to invoke the Bank Guarantee.

14. Ex.P.7 letter of the 1st defendant dated 09.08.2013 reads as below:-

“With reference to the above, we appreciate that you have supplied additional spare feeders for LT PMCC switchboards as per the requirement of Mahagenco. However, we surprised to note that you have stopped the further supplies and stopped the work at site. In this regard it is to intimate you that we have already taken up matter with Mahagenco vide claim No.06, dated 17.07.2013 for extra supply and compensation thereof. Being a Govt. organization such claims are not settled within short time, it takes about 3 to 9 months period after meetings with various authorities. We are already behind Mahagenco for settlement of these extra supplies and we will try to settle these claims at the earliest, for this we require your support while discussions with Mahagenco authorities.

In view of the above, you are requested to start the further supplies of HVAC, PMC & PMCC which are still not supplied and start the works at site.”

15. Whereas, Ex.P.9 notice to Encashment of Original Bank Guarantee assigns no specific reason for invoking the Bank Guarantee except to say, supplier has failed to fulfil or defaulted to comply contractual scope of works, obligation under the Contract. For better appreciation, said passage in Ex.P.9 is extracted below:-

“We hereby invoke the Original Bank Guarantee bearing No.2169IGPER001412 date 10.08.2012 and its extension dated 29.08.2013 for Rs.1,11,74,490/- issued on behalf of M/s.Voltech Infrastructure Pvt. Ltd., Chennai - 600 056 in favour of M/s.Sunil Hitech Engineers Ltd, Nagpur, which is valid upto 28.04.2014 as the supplier has failed to fulfil or defaulted to comply contractual scope of works, the obligation under the contract. (Refer original bank guarantee page No.2 paragraph No.3).

We hereby demand payment of Rs.1,11,74,490/- (Rupees One crore Eleven lakh Seventy four thousand Four hundred Ninety only) covered under the aforesaid Bank Guarantee immediately through demand draft in favour of “SUNIL HITECH ENGINEERS LTD” payable at NAGPUR. We are enclosing herewith Original Bank Guarantee with extension for your ready reference and record.

16. The 1st defendant letters dated 09.08.2013 and 14.08.2013, which are extracted above are contradictory to each other and self-destructive. It would be easily seen from letter dated 05.07.2013 (Ex.P.6), the 1st defendant has requested for extension of Bank Guarantee. The plaintiff has complied the request and extended the Bank Guarantee till 28.02.2014 thereafter, the 1st defendant has promised the plaintiff that they will pay the outstanding bill soon and sought for further supply without insisting upon the payment for the materials already supplied. While so, within a month, had invoked the bank guarantee vide Ex.P.9 alleging violation of contract. No evidence placed by the defendant how the breach of contract committed by the plaintiff for them to invoke Bank guarantee. The invocation of the Bank Guarantee by the 1st defendant without any basis and without terminating the contract is illegal. Hence, the plaintiff is entitled for the declaration sought in prayer “A”.

17. As far as the prayer “B” is concerned, being a works contract the mandatory injunction permitting the plaintiff to complete the work in the 1st defendant’s company, which has now under liquidation becomes infructuous and unenforceable. Hence, the prayer “B” is rejected.

18. Insofar as, the prayer “C” to restrain the 1st defendant using the materials supplied, there is no detail about the materials supplied and available with the 1st defendant. In such circumstances, the relief in prayer “C” cannot be granted.

Issue No.1

The prayer in the suit is to declare invocation of Bank Guarantee is illegal. The bank guarantee has been executed by the plaintiff through Bank of Baroda having its Branch Office at Chennai, which falls within the territorial jurisdiction of this Court. The value of the suit is more than Rs.1 crore. Hence, the subject matter of this case is well within the pecuniary jurisdiction of this Court. The suit falls within the definition of Commercial dispute of specified value to be tried by the Commercial Division of the High Court, Madras.

Issue Nos.2, 3 & 4

Ex.P.7

Please Login To View The Full Judgment!

and Ex.P.8 letters of the 1st defendant substantiate the plea that, without any basis and reasonable cause, the 1st defendant has invoked the bank guarantee. There is no evidence to show that the plaintiff had committed any breach of the contract dated 01.12.2010 and amended letter of award dated 05.06.2012. Contrarily, evidences indicates that the plaintiff has been complying the terms and conditions found in the contract. Hence, issue Nos.2, 3 and 4 are held against the defendants. Issue No.5 Having proved that the 1st defendant has malafidly invoked the bank guarantee, the first defendant is liable to pay the plaintiff a sum of Rs.1,19,38,641/- (One Crore Nineteen Lakhs Thirty Eight Thousand Six Hundred and Forty One only) with interest as prayed. Hence, issue No.5 is answered in affirmative. Issue No.6 In the absence of details regarding materials supplied by the plaintiff and available with the defendant, the restrain order of using the materials supplied by the plaintiff is declined. Furthermore, the contract is deemed to be terminated in the light of invoking the Bank Guarantee and subsequent events. Hence, issue No.6 is answered accordingly. 19. In the result, the suit is partly-allowed. The prayer “A” is allowed. The prayers “B” and “C” are dismissed. It is declared the invocation of the Bank Guarantee by the defendant as illegal and consequently direct the 1st defendant to pay at Rs.1,19,38,641/-(One Crore Nineteen Lakhs Thirty Eight Thousand Six Hundred and Forty One only) with future interest at 16% from 16.02.2014 to till the payment in full to the plaintiff. 20. Accordingly, the Suit is Partly-Allowed, with costs. Consequently, connected Application is closed.
O R