( 1 ) IN the suit plaintiff filed I. A. No. 12021/2000 under Order 39 Rules 1 and 2 read with Section 151 Civil Procedure code for issue of ad-interim injunction restraining Union of India, defendant No. 2 from encashing financial bank guarantees No. IIBLND/bg/f/96/0008 dated 28/2/1996 as renewed from time to time in the sum of Rs. 1,59,83,000. 00 or in the alternative, restraining Indus Ind. Bank Ltd, defendant No. 1, from releasing any amount to defendant No. 2 against the said financial bank guarantee. In the reply filed to application by defendant No. 2 one of the preliminary objections raised is that plaintiff, concerning the same subject-matter, had instituted Suit No. 564/97 which was withdrawn on 5/03/1998 without seeking liberty to file fresh suit on the same cause of action and the suit is, therefore, barred under Order 23 Rule 1 Civil Procedure code.

( 2 ) I have heard Sh. A. S. Chandhiok, Senior Advocate for plaintiff and Sh. U. Hazarika for defendant No. 2 on the ground of alleged non-maintainability of present suit under Rule 1 (4) of Order 23 as also it being barred by Section 15 of the Telecom regulatory Authority of India Act, 1997 as amended by Act 2 of