C. Y. SOMAYAJULU, J.

( 1 ) M/s. Kakatiya Cement Sugar and industries Limited (hereinafter referred to as the plaintiff), which is the first respondent in all these proceedings, filed o. S. No. 333 of 1999 on the file of the Court of the III Senior Civil Judge, Secunderabad, seeking a mandatory injunction against the global Trust Bank (hereinafter referred to as the defendant), which is the appellant in c. M. A. No. 3422 of 1999, second respondent in C. M. A. No. 3527 of 1999 and C. R. P. No. 5742 of 1999, to implement its instructions dated 27-9-1999 by directing it to transfer the credit balance in its deposit account to its current account, and filed i. A. No. 1365 of 1999 in the said suit seeking an injunction restraining the defendant from disbursing any amount in its deposit account to anybody. An ex parte ad-interim injunction was granted therein against the defendant directing the defendant not to disburse the amount of Rs. 200 lakhs kept in fixed deposit by the plaintiff on 10-10-1996 by way of escrow arrangement. Defendant put in its appearance, and filed its counter in I. A. No. 1365 of 1999. Subsequently sri S. R. Kailash (hereinafter referred to as third party) filed three petitions i. e. (i) I. A. No. 1390 of 1999 to implead him as a defendant in the suit, (ii) I. A. No. 1391 of 1999 to implead him as second respondent in I. A. No. 1365 of 1999 and (iii) I. A. No. 1382 of 1999 to vacate the ex parte ad-interim injunction granted against the defendant in i. A. No. 1365 of 1999. The Court below heard I. A. No. 1365 of 1999 and the other i. As. filed by the third party separately.

( 2 ) IN I. A. No. 1365 of 1999 Exs. A-l to a-13 were marked on behalf of the plaintiff and Exs. B-l to B-18 were marked on behalf of the defendant. By its order dated 15-12-1999 the Court below, while allowing the petition, and making absolute the earlier ex parte ad-interim injunction granted on 30-9-1999, directed the defendant to deposit an amount of Rs. 2,68,62,533/- into the fixed deposit of the plaintiff, and keep it in fixed deposit until further orders. Aggrieved by the said order, the defendant preferred c. M-A-No. 3527 of 1999.

( 3 ) IN I. A. Nos. 1390,1391 and 1382 of 1999 filed by third party Exs. A-l to A-3 were marked on behalf of third party. No documents were marked on behalf of the plaintiff and defendant. By a common order dated 15-12-1999 the Court below dismissed all the three petitions filed by the third party. C. M. A. No. 3537 of 1999 is preferred against the order in I. A. No. 1382 of 1999 and C. R. P. No. 5742 of 1999 is preferred against the order in I. A. No. 1390 of 1999 by the third party.

( 4 ) SINCE both the C. M. As and the C. R. P. arise out of the same suit they are being disposed of by a common order, though the court below disposed them of under two separate orders.

( 5 ) EXS. A-l and A-2 in I. A. Nos. 1390, 1391 and 1382 of 2000 are the same of Exs. B-l and B-17 respectively in I. A;no. 1365 of 1999. Therefore, for convenience they would hereinafter be referred to as Exs. B-l and B-17 (In the appendix of evidence in i. A. No. 1365 of 1999 the date of Ex. B-17 is wrongly mentioned as 1-10-1996 instead of 1-10-1999 ). Ex. A-3 in I. A. Nos. 1390, 1391 and 1382 of 1999 is the memorandum of understanding dated 3-10-1996 between the third party and the plaintiff. For the purpose of convenience it would hereinafter be referred to as M. O. U.

( 6 ) THE case of the plaintiff, as disclosed from the averments in the plaint, in brief, is that it is a Company registered under the provisions of the Companies Act, 1956 and was earlier known as Kakatiya Cements ltd. , and that after changing its name, it obtained a fresh certificate of incorporation (Ex. A-2 ). On 3-10-1996 the Board of directors of the plaintiff-Company resolved (as per Ex. A-3) to open a current account with the defendant-Bank and deposited an amount of Rs. 200 lakhs in deposit account, on which defendant agreed to pay 15% cumulative interest, and ac

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