1. By consent, the Appeal is taken up for hearing.

2. The Appeal challenges the order dated 23rd July, 2012 vide which the application filed by the present Appellant under Order 38 Rule 5 of the Code of Civil Procedure, 1908 (CPC) was partly allowed and the Defendant No.1 i.e. the Respondent No.1 was directed to furnish security for an amount of Rs.24,398/- within two weeks from the date of the said order.

3. The Appellant/Plaintiff has filed the suit against the Respondents for a claim of about Rs. 40,36,567/-

4. It is the claim of the Appellant/Plaintiff that the Respondent No.1Defendant No.1 had placed an order with the Plaintiff for supply of certain machinery and spare parts. According to the Plaintiff, the costs of the said machinery and spare parts was Rs.35,28,507/-. It is the case of the Plaintiff that though the Plaintiff was ready and willing to deliver the said goods to the Respondent No.1, the Respondent No.1 had refused to accept the same without assigning any reason. In addition to that, according to the Plaintiff, an amount of Rs.5,08,060/- was already due and payable by the Respondent No.1 to it. Therefore, claiming the aforesaid amount, Regular Civil S