BHASKAR BHATTACHARYA, J.

(1). This first miscellaneous appeal is at the instance of the defendant No. 1 in a suit for declaration and injunction and is directed against Order No.9 dated 9th April, 2009 passed by the learned Civil Judge (Senior Division), First Court, Alipore, in Title Suit No.7 of 2009 thereby allowing an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure filed by the plaintiff and dismissing the one under Order 39 Rule 4 of the Code filed by the defendant No.1 thereby restraining the defendant No.1 from invoking bank guarantee being Annexure W and X of the injunction application and at the same time, restraining the defendant Nos.2 and 4 from permitting the invocation of the said bank guarantees and from making any payment in respect thereof to the defendant No.1 in any manner whatsoever. The defendants were further restrained from giving any effect or act in terms of the notice dated 31st January, 2009 vide Annexure Y of the injunction application or any notice of the like nature in any manner till the disposal of the suit.

(2). Being dissatisfied, the defendant No.1 has come up with the present first miscellaneous appeal.

(3). T