( 1 ) THE plaintiff has filed a suit for restraining defendant No. 3 from making payment to defendant No. 4 against the Bank Guarantee bearing No. FHKA/230-KA77650z/lzr dated 2. 4. 97 and also for restraining defendant No. 2 from making payment to defendant No. 3 against Bank Guarantee No. AHB/epg/1/97 dated 15. 4. 1997 and 18. 4. 1997 executed by defendant No. 2 in favour of defendant No. 3. In this connection I. A. 8866/97 under Order 39, Rules 1 and 2 has been filed.

( 2 ) THE plaintiff-a private limited company-responded to a call for quotation No. SR/69 dated 3. 2. 1997 vide its quotation dated 3. 3. 1997. M/s,syrian Arab Republic (General Foreign Trade Organisation for Chemicals and Foodstuffs GEZA), Damascus, unequivocally confirmed the quotation of the plaintiff vide fax No. SR/127. It is stated that the quantity of 12,000 M. Tons +. 00 5% at the seller s option was essence of the agreement and could not be altered unilaterally. The value of the entire contract was settled at US$ 4,825,800 for the total quantity of 12,600 M. Tons. The said confirmation dated 10. 3. 1997 also specified a Bank guarantee on the 10% of the contract value i. e. US$ 4,82,580 to be