( 1 ) THE plaintiff HFCL Bezeq Telecom Limited (HBTL who had submitted tender pursuant to the invitation of tender given by the first defendant, has instituted this suit for a declaration and injunction. The other defendants 2 to 8 are Banks, who had given Bank guarantees on behalf of the plaintiff. Therefore, the only contesting defendant is the first defendant. The learned Senior Counsel for the plaintiff and the learned Addl. Solicitor General for the first defendant submitted that the suit itself could be disposed of on the materials available on record and they submitted written arguments in the suit. The following issues were framed for trial on the 5th of November, 1996: -

"1. Whether the suit is liable to be dismissed for want of notice under Section 80, CPC? 2. Whether invocation of the earnest money Bank guarantee is illegal? 3. Whether the drafts of the license and inter connect Agreements finalised on 1. 7. 1996 and 9. 9. 1996 contained substantial deviations from the Tender Documents? If so, to what effect? 4. Relief.

( 2 ) BEFORE I consider the issues, it is better to notice the facts culminating in the filing of the suit.

( 3 ) ON 16. 1. 1995 notice