Bombay High Court
Alumayer India Pvt. Ltd vs Larsen And Toubro Ltd. And 2 Ors on 30 March, 2023
Bench: R. I. Chagla
9-ial-5563-2023.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.5563 OF 2023
IN
SUIT NO.45 OF 2023
Alumayer India Pvt. Ltd. ...Applicant /
Plaintiff
Versus
Larsen and Toubro Limited and Ors. ...Defendant
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Bharat Gadhavi with Omkar Gandhi i/b. Gandhi and Gandhi
Attorneys for the Plaintiff.
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CORAM : R.I. CHAGLA J
DATE : 30 March 2023
ORDER :
1. By this Interim Application, the Applicant / Plaintiff is
seeking permission to amend the cause title of the Suit by deleting
Defendant Nos.2 and 3 as party Defendants from the array of Suit
proceedings. The Applicant / Plaintiff has stated that during the
pending Suit which had been filed in the High Court of Judicature at
Madras being C.S. No.703 of 2004, the Applicant / Plaintiff had
9-ial-5563-2023.doc
prayed for injunction against Defendant No.2 for making payments to
Defendant No.1 on the basis of bank guarantee dated 4th April,
2003. The injunction had also been prayed against Defendant No.2
on the basis of the bank guarantee dated 13th March, 2003.
2. The Applicant has stated that during the Suit
proceedings before the High Court of Judicature at Madras, the
Defendants had filed an application raising the issue of territorial
jurisdiction before that Court. The High Court of Madras by an order
dated 21st September, 2021 allowed the application filed by the
Defendants and returned the Plaint to the Applicant / Plaintiff to be
presented before the appropriate Court having jurisdiction to try and
decide the same.
3. Accordingly, the Applicant / Plaintiff has approached this
Court and filed the above Suit No.45 of 2023 against the Defendants
which is pending for issuance of summons to the Defendants.
4. The Applicant has stated that the bank guarantees which
are provided by Defendant Nos.2 and 3 have expired and this fact has
been also observed in the judgment dated 21st September, 2021
9-ial-5563-2023.doc
passed by the High Court of Judicature at Madras. Accordingly,
Defendant Nos.2 and 3 are not necessary parties to the present Suit
as the Applicant has not sought any directions against Defendant
Nos.2 and 3. In view thereof, the present Interim Application has
been filed.
5. Having considered the averments in the Interim
Application as well as taking note of the fact that, the Applicant /
Plaintiff is not making any claim against Defendant Nos.2 and 3 in
view of the bank guarantees which were the subject matter of the
Suit before the High Court of Judicature at Madras having expired,
the Defendant Nos.2 and 3 are neither necessary nor proper parties
in the above Suit. They are in no way concerned with the original
dispute between Plaintiff and Defendant No.1. Accordingly, relief
sought for in the Interim Application is granted. Hence, the following
order:-
(i) The Applicant / Plaintiff is permitted to carry out
amendment in the cause title of the Suit by deleting the
Defendant Nos.2 and 3 from the array of Suit proceedings.
9-ial-5563-2023.doc
(ii) Amendment shall be carried out within a period of one
week from today. Re-verification is dispensed with.
(iii) Interim Application is accordingly disposed of.
6. At this stage, the learned Counsel for the Applicant /
Plaintiff has sought extension of time for service of Writ of Summons
on the Defendant. Accordingly, the time is extended by a period of
four weeks for service on the Defendant of the Writ of Summons.
[R.I. CHAGLA J.]
