IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD MONDAY THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT : PRESENT : THE HON’BLE SRI JUSTICE: GHULAM MOHAMMED AND THE HON’BLE SRI JUSTICE: P.SWAROOP REDDY CMA. No. 283 of 2008 (Appeal under Order 43 Rule 1 of CPC against the Judgment & decree of the Court of the Hon’ble II Additional Chief Judge, City Civil Court at Hyderabad made in IA.No. 160/2008 in OS.No. 14/2008 dt. 21-02-2008) Between: Aastrid International Pvt. Ltd., rep. by its Branch Manager, Vijay Trivedi, 8-3-166/5 & 7, # 109, Bhavyas Shree Arcade, Erragadda, Hyderabad – 18. ...Appellant AND 1. Hetero Drugs Limited, rep. by its Director & Authorised Signatory, M.Srinivas Reddy, S/o. M.Krishna Reddy, H.No. 8-3-166/7/1, Erragadda, Hyderabad – 18. 2. Ningbo Renjian Pharmaceutical Chemical Co. Ltd., rep. by its General Manager, James Sen, 225, Beihai Road, Xeipu, Zhenhai, Ningbo, Zhejiang 31504 P.R., China. 3. State Bank of India, Trade Finance Central processing Centre, rep. by its Assistant General Manager, Opposite to Anand Theatre, Ashoka My Home Chambers, S.P.Road, Secunderabad. 4. The State Bank of India, rep. by its Assistant General Manager, Balanagar, Hyderabad. .. Respondents The Appeal coming on for hearing upon perusing the Petition and the Grounds filed herein and upon hearing the arguments of Sri A.Muralidhar Reddy, Advocate for the Appellant and of Sri Y.V.Ravi Prasad, Advocate for the Respondent No.1. The Court made the following ORDER: “ This Court by order dated. 18-4-2008 in connected appeal CMA.No. 296 of 2008, after hearing the counsel on both sides, directed the Hetero Drugs Limited – 1st respondent herein to take immediate steps for lifting the raw material (GCLE) from the Air Port and re-process the same so that it will not become waste, on account of lapse of time. Today, learned counsel for the 1st respondent – Hetero Drugs Limited furnished to the Court the estimates for re-processing the raw material, which according him is defective. We have perused the estimates furnished in that behalf. The cost of re-processing the raw material (GCLE) so as to meet the standards, suitable for human consumption is shown at Rs. 28, 00,000/-. In the circumstances, pending the appeals, we direct the Aastrid International Private Limited- the appellant herein to furnish bank guarantee to the extent of Rs. 28,00,000/- (28 lacs) which is the approximate cost towards re-processing of the above raw material, within a period of ten days from today. The State Bank of India – respondents 3 and 4 herein can release the Letter of Credit (LoC) dated. 15-10-2007. Post this appeal & CMA.No. 296 of 2008 on 29th April, 2008 for final hearing.” ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR ..2.. To 1. The II Additional Chief Judge, City Civil Court at Hyderabad. 2. M.Srinivas Reddy, S/o. M.Krishna Reddy, Director & Authorised Signatory, Hetero Drugs Limited, H.No. 8-3-166/7/1, Erragadda, Hyderabad – 18. (By Spl. Messenger) 3. The General Manager, Ningbo Renjian Pharmaceutical Chemical Co. Ltd., James Sen, 225, Beihai Road, Xeipu, Zhenhai, Ningbo, Zhejiang 31504 P.R., China. (By Airmail) 4. The Assistant General Manager, State Bank of India, Trade Finance Central processing Centre, Opposite to Anand Theatre, Ashoka My Home Chambers, S.P.Road, Secunderabad. (By Spl. Messenger) 5. The Assistant General Manager, State Bank of India, Balanagar, Hyderabad. (By Spl. Messenger) 6. The Branch Manager, Aastrid International Pvt. Ltd., Vijay Trivedi, 8-3-166/5 & 7, # 109, Bhavyas Shree Arcade, Erragadda, Hyderabad – 18. (By Spl. Messenger) 7. One CC to Sri A.Muralidhar Reddy, Advocate(OPUC) 8. Two spare copies. SAH HIGH COURT GMJ & PSRJ DATED: 21-04-2008 NOTE: POST THIS APPEAL & CMA.NO. 296 OF 2008 ON 29TH APRIL 2008 FOR FINAL HEARING ORDER CMA.NO. 283 OF 2008 DIRECTION DRAFTED BY: SAH APPROVED BY: DRAFTED ON: 21-04-2008 HIGH COURT GMJ & PSRJ DATED: 21-04-2008 NOTE: POST THIS APPEAL & CMA.NO. 296 OF 2008 ON 29TH APRIL 2008 FOR FINAL HEARING ORDER CMA.NO. 283 OF 2008 DIRECTION