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1989 Supreme(Cal) 504

BIMAL CHANDRA BASAK, A.C.SENGUPTA
N. T. P. C. LTD. – Appellant
Versus
HIND GALVANIZING AND ENGG. CO. LTD. – Respondent


BIMAL CHANDRA BASAK, J.

( 1 ) THIS appeal is directed against a judgment and order dated 6th April, 1987, passed by the trial Court in an interlocutory application whereby the plaintiff-petitioner made the following prayers:-" (A) Injunction restraining the defendant No. 1 whether by itself or its servants or agents or otherwise howsoever from receiving any payment from the defendant No. 2 under any of the said three bank guarantees contained in Annexures A, B and C hereof or attempted to do so and from making any demand for payment thereunder; (b) Injunction restraining the defendant No. 2 from making or attempting to make any payment under the defendant No. 1 or any amount under any of the said three bank guarantees contained in Annexures, A, B and C whether in pursuance of the demand made by the defendant No. 1 by letter dated 6th March, 1987, or otherwise or at all; (c) Ad interim order in terms of prayers (a) and (b) above; (d) Costs of and incidental to this application be paid by the defendants; (e) Such further or other order or orders be made and direction or directions be given as to this Hon'ble Court may deem fit and proper. "

( 2 ) IT is to be pointed out that the pet




























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