1. This notice of motion is taken out by the plaintiff to claim following relief: (a) "That pending the hearing and final disposal of the above suit, the defendant No.1 by itself,its servants and agents be restrained by an order and injunction of this Hon’ble Court from making any payments to Defendant No.2 or any other person/persons under the said Bank Guarantee dated 25th February, 2006 annexed as Exh.Q to the plaint". THE FACTUAL BACKDROP:-

2. The factual backdrop brought on record by the plaintiff is that after having entered into contract with the defendant no.3, the plaintiff, who is a customer of the defendant no.1-bank, vide its letter dated 15th February, 2006 requested its banker-(defendant no.1) to issue bank guarantee in favour of the defendant no.3 ("M/s Abaja Contracting Est. Kingdom of Saudi Arabia") through defendant no.2 ("The Saudi British Bank") as the plaintiff was awarded contract for dismentaling of the refinery at Riyadh by defendant No.3 and for rebuilding of refinery at AL-Mukala in Yemen under phase II.

3. The terms of contract required the plaintiff to submit a bank guarantee for 10% of the contract value being the first payment milestone against ad