( 1 ) THIS Order shall dispose of the plaintiffs application bearing I. A. No. 5489 of 1989 under Order 39 Rules I and 2 read with Section 151 Civil Procedure Code in Suit No. 1334 of 1998.

( 2 ) THE plaintiff Filed a suit for permanent injunction. This Court while issuing summons to the defendants also granted an ad interim exparte injunction on 6/7/1998. The injunction order was in respect of encashment of Financial bank guarantee pertaining to Andhra Pradesh and Karnataka circles. As far as Andhra Pradesh circle is concerned, the ex-parte injunction granted by this Court was vacated on 15/2/1999. Now this order shall dispose of the matter pertaining to financial bank guarantee in respect of Karnataka circle.

( 3 ) THE relevant portion of the financial bank guarantee submitted by the plaintiff in respect of Karnataka circle reads as under:-

"in consideration of the President of India acting through the Telecom Authority (hereinafter called the Authority ) having agreed to grant a licence to M/s J. T. Mobiles Ltd of 777-G, 100 Feet Road, Indranagar, HAL 2nd Stage, Bangalore 560 008 (hereinafter called "the Licensee") to establish, maintain and operate cellular