The Peoples’ Republic of Bangladesh instituted this suit on or about the 15th September 1979 with leave under clause 12 of the Letters Patent claiming a decree for specific performance of a Charter party Agreement dated the 7th June, 1979 in respect of the defendant's vessel M.V. "Sheriar" as also mandatory and permanent injunctions as alternative or ancillary reliefs.

2. On an application made in the said suit on the 8th September 1979 an order has been passed in terms of the agreed minutes, inter alia, as follows :-

"UPON the defendant or defendant through the Agent Samrat Shipping Co. (P) Ltd., Calcutta furnishing a Bank Guarantee for Rs. 1,80,000,00 to the satisfaction of the Registrar, Original Side, the interim order dated 15.9.1979 stand vacated. Such Bank Guarantee to be furnished on or before 26.9.1979. It is recorded the Advocates on record for the plaintiff has already approved the form of Bond for such Bank Guarantee. The parties waived the notice of reference before the Registrar, Original Side. Leave is given to the Registrar, Port Authorities, Customs and all parties to act on a signed copy of the minutes. The defendant undertakes to Court to keep the said Bank