JUDGMENT - A.Y. SAKHARE, J.:---This appeal is filed by the original defendant Nos. 4, 5 and 6 in Suit No. 3295 of 1992, challenging the order dated 9th February 1996 passed by the learned Single Judge in Notice of Motion No. 2475 of 1992. By the impugned order the learned Single Judge has restrained the defendant Nos. 1 to 3 viz., the State Bank of India, State Bank of Patiala and Indian Bank from making the payment, under the bank guarantees and the defendant Nos. 4 to 6 viz., State of Bihar, Superintending Engineer and Executive Engineer, are restrained from invoking the bank guarantees.

2.On 25th April 1989, the plaintiffs were awarded a contract for construction of Icha dam across river Khadkai at village Kuju, Bihar for an amount of Rs. 39,71,31,019. The duration of the contract was for a period of 42 months, i.e. upto 24th April 1992. Clause 5 of the said contract provides for obligation on the part of the plaintiffs to furnish bank guarantee for 10% of the contract price as performance guarantee. Clause 9 of the contract casts obligation upon the plaintiffs to furnish bank guarantees against mobilisation advance given by the defendant Nos. 4 to 6. As per the plaintiffs the b

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