S. Ravindra Bhat, J.

1. This order will dispose of an application under Order VII Rule 11, Code of Civil Procedure (CPC) filed by the defendant (hereafter "NSIC").

2. The brief facts, necessary for deciding this application are that the plaintiff filed this suit, for rendition of accounts against NSIC; it also seeks permanent injunction restraining NSIC from recovering of any amount, alleged to be due from it (i.e. the plaintiff). The plaintiff had, in 1993, established a manufacturing unit

S.N.F. Alloys Pvt. Ltd. vs. The National Small Industries Corporation Ltd. (07.08.2009 - ... Page 2 of 10

Greater NOIDA. It manufactured aluminium alloy, using aluminium wire rods and scrap as raw material. The plaintiff claims that the State Bank of India was its banker during 1996, and subsequently, the Punjab and Sind Bank. It approached NSIC, for raw material assistance, to purchase ingots and wire rods for its manufacturing activities, from the National Aluminium Co Ltd. (NALCO). The plaintiff has outlined the terms of such financial assistance, in Para 7 and 8 of the suit; it urges that NSIC required it to furnish a bank guarantee, to secure the transaction. The plaintiff contends