( 1 ) THE plaintiff by this application under Order 23 Rule 1 (1) read with Section 151 of the Code of Civil Procedure (for short cpc ) is seeking to abandon/withdraw its suit against the defendants. The defendants have filed reply opposing the same. Facts necessary for the disposal of this application are not in dispute. I have heard the learned counsel for the parties and have been taken through the record.

( 2 ) LEARNED counsel for the plaintiff argued that the plaintiff filed the suit for declaration and mandatory injunction against defendants restraining defendant no. 1. (Punjab National Bank) from encashing and/or remitting any amount to defendant No. 2 (National Thermal Power Corporation Limited) under the bank guarantees detailed in para 9 of the plaint and for restraining defendant No. 2 from invoking or making demand upon defendant No. 1, for encashment of these bank guarantees and for mandatory injunction directing defendant No. 2, to discharge and return the bank guarantees. On the application of the plaintiff (IA No. 6682/96) interim injunction was granted in its favour. At the same time, the plaintiff raised dispute regarding performance of the contract