Pradeep Nandrajog, J.

1. Yet another instance of an injunction being sought against a beneficiary who sought to enforce its right under bank guarantee(s).

2. NH-5 in the State of Orissa from Km 136.5 to Km 199.141 has run into a road block. Excluding a stretch of 3.799 Km covering major bridges, the work of 4/6 lanning was awarded by NHAI to ELSAMEX-TWS-SNC Joint Venture (hereinafter referred to as the contractor). The contract was awarded on 5.3.2001. 33 months was the completion time i.e. date of completion was 3.2.2004.

3. Under the contract the contractor was to furnish a performance guarantee and was entitled to receive mobilization advance and equipment advance but the same was to be secured under bank guarantees in favor of NHAI. 5 guarantees issued by various banks were submitted by the contractor favoring NHAI on various dates.

4. Work could not be completed within the completion period. On 19.8.2005 a supplementary agreement was executed modifying/substituting certain clauses of the original contract, contents whereof being not relevant for adjudication are not being noted.

5. The contractor justified delay on various factors not attributable to it, like non a