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1996 Supreme(AP) 971

C.V.N.SASTRY, LINGARAJA RATH
Binny Ltd. – Appellant
Versus
Nizam Sugars Ltd. – Respondent


C. V. N. SASTRI, J.

( 1 ) ALL these civil miscellaneous appeals are directed against a common order dated 23/09/1996, passed by the Fifth Additional Judge, City Civil Court, Hyderabad, dismissing the applications filed by the appellant herein under Order 39, rules 1 and 2 of the Civil Procedure Code, 1908, read with section 9 of the Arbitration and Conciliation Ordinance, 1996, seeking temporary injunctions restraining the first respondent herein from enforcing certain bank guarantee furnished by the appellant and also restraining respondents Nos. 2 and 3 banks from making payment to the first respondent under the said bank guarantees pending disposal of the three suits filed by the appellant against the respondents in that behalf.

( 2 ) THE facts leading to the appeals can be stated briefly : The appellant entered into three separate contracts dated 30/11/1990, with the first respondent for supply, erection and commissioning of three plants for the manufacture of sugar at Metpalli, Zaheerabad and Bobbili, respectively. For the due performance of the terms and conditions of the said agreements, the appellant furnished certain bank guarantees in favour of the first respondent throug







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