D.D. Sinha, J.

The appellant has filed the suit, inter alia, seeking a declaration that the Joint Bid Agreement (JBA), the Counter Guarantee, and its invocation by the respondent no.1 vide its letter dated 21.9.2012 is illegal, wrongful and vitiated by fraud and is, therefore, null and void, non-est and of no effect whatsoever. The appellant has taken out a Notice of Motion for an order that pending the hearing and final disposal of the suit, direct and restrain by way of a temporary injunction the respondent no.3 from acting by themselves or through their servants, agents, representatives and/or all other persons claiming by, through or under them paying to the respondent no.1 or to anyone else any amount purportedly under the Counter Guarantee. Similar temporary injunction is sought against the respondent no.1 from receiving from the respondent no.3 any amount purportedly under the Counter Guarantee. The appellant has also claimed a temporary injunction restraining the respondent nos.1 & 3 from invoking and/or encashing the Counter Guarantee. The learned single Judge vide judgment dated 5.10.2012 dismissed the Notice of Motion. Being aggrieved by the said judgment of t