JUDGMENT :

Sugato Majumdar, J.

1. The instant suit is filed by the Plaintiff praying for perpetual and mandatory injunction in respect of bank guarantees.

2. The original Plaintiff of the suit was M/S Bansal Cylinders & Tubes Ltd., a company registered under the Companies’ Act 1956. The original Plaintiff was engaged in the business of manufacture and sale of 40M NB Light Weight Towers, commonly known as telecommunication towers as well as in the business of manufacture and sale of accessories and components of the telecommunication towers. The original Plaintiff was previously known as M/s BMW Industries Limited having registered office at 23A, Netaji Subhas Road, 5th Floor, Kolkata – 700001. M/s BMW Industries Limited became the original Plaintiff which subsequently merged and amalgamated to the present Plaintiff M/S Skipper Ltd.

3. The Defendant No.1 M/S Bharat Sanchar Nigam Ltd. is a public sector undertaking engaged in the business telecommunication and the Defendant No.2 State Bank of India is banking company and is a nationalized bank.

4. A tender enquiry for supply of 40M NB Light Weight Towers were issued by the Defendant No. 1. The Plaintiff participated in the tender and the