( 1 ) THIS Regular First Appeal by the first defendant is against judgment and decree dated 16-2-2001. passed in O. S. No. 2066 of 1984, on the file of the V Additional city Civil Judge. Bangalore, decreeing the suit for permanent injunction.

( 2 ) THE first defendant being purchaser of certain machinery from the plaintiff and the second defendant being the bank which had issued a guarantee in favour of the first defendant purchaser for a sum of Rs. 1. 75 lakh showing payment of the amount to the first defendant on demand.

( 3 ) THE suit of the plaintiff having been decreed by the trial Court the present appeal by the aggrieved first defendant purchaser of the machinery from the plaintiff.

( 4 ) THE case of the plaintiff in brief before the trial Court was that the plaintiff and the first defendant had entered into an agreement for supply and commissioning of certain specialized machinery known as wire drawing machine to be commissioned at the premises of the first defendant; that the price to be paid by the purchaser on the commissioning of the plant and machinery was agreed to be for a sum of Rs. 17,50,000/- ; that the terms and conditions had been finalized after mutual negot

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