1. The above Suit is filed by the Plaintiff for declarations that: (i) the Suit Bank Guarantee has ceased to be operative and that the first Defendant is not bound to make any payment thereunder; (ii) the first Defendant is not entitled to recover the amounts that may be paid by it under the Suit Bank Guarantee to the second Defendant from the Plaintiff and debit the account of the Plaintiff towards the same and (iii) the first Defendant’s demand made on the Plaintiff vide their email dated 4th December 2012 is wrongful, non-est and of no effect whatsoever and not binding upon the Plaintiff. The Plaintiff has also sought a permanent injunction restraining the first Defendant from making payment to the second Defendant purportedly due under the Suit Bank Guarantee and for restraining the Defendant No.1 from demanding payment from the Plaintiff and/or debiting the account of the Plaintiff towards payment that may be made under the Suit Bank Guarantee, and/or in any way acting in furtherance of the e-mail dated 4th December 2012.

2. The Plaintiff has also taken out the above Notice of Motion in the Suit seeking an order restraining the Defendant No.1 (Bank) from claiming or