( 1 ) MESSRS. Panj Sons Pvt. Ltd. (appellant herein), filed a suit seeking issuance of permanent injunction, against Messrs. General Electric Technical Services Company Inc. , (for short getsco ), restraining them through their agents, employees etc. from enchshhing or seeking eneashment of the bank guarantee dated January, 1988 as furnished by the Hong Kong and Shnghai Banking Copporation, respoadent No. 1 herein. seeking correspondingly decree again the bank restraining it from making payment under the aforesaid guarantee or the cashier order to GETSCO.

( 2 ) SIMULTANEOUSLY, anapplication under order 39 Rnle 1,2 and 3 read with Section 151 Code or Civil Procedure was filed-seeking an ad interim injunction against the respondents in the same terms, as prayer in the suit It appears that an ex-parte interim injunction was issued in the first instance as prayed for, but on an application being made by GETSCO under Order 39 Rule 4 CPC. the said order was. vacated, and application of the plaintiff under Order 39 Rule 1, 2 and 3 Civil Procedure Code dismissed by an order passed on I 1th July, 1989. It is this order which is assailed in the present appeal, reiterating