JUDGMENT - D.R. DHANUKA, J.:---By this notice of motion, the plaintiff seeks to restrain defendant No. 1 Bank from paying the amount covered under bank guarantee dated 23rd May, 1987 to defendant No. 2 and defendant No. 2 from encashing the said bank guarantee.

2. I must state at the outset that no case is made out by the plaintiff for grant of interim injunction and the notice of motion is liable to fail for the reasons indicated below.

3. The plaintiff-company has its registered office at Calcutta in the State of West Bengal. The plaintiff company also has its office at Nirlon House, Bombay. By a contract bearing No. NPIL/ECP/85/9/782 dated 31st March, 1987, the defendant No. 2 engaged the plaintiff as sub-contractor for carrying out erection, testing and commissioning of L.P. pipe work and tube oil unloading system at Rihand Super Thermal Power Station, Stage I, at a total value of Rs. 1,07,28,060/-. At the instance of the plaintiff, the defendant No. 1 Bank furnished a bank guarantee in the sum of Rs. 10,72,806/- in favour of defendant No. 2. The defendant No. 1 obtained a counter guarantee from the plaintiff in its turn. A copy of the said bank guarantee dated 23rd May, 1987 (pe

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