G.S. SISTANI, J.

(IA.10504/2013) under Order XXXVII Rule 3(5) CPC by defendant no.1) and IA.8128/2013 under Order XXXVII Rule 3(5) CPC by defendant no.2 and 3)

1. Plaintiff has filed the present suit under the provisions of Order XXXVII of the Code of Civil Procedure. The present suit is based on two bank guarantees which were furnished by the defendant no.1 in favour of the plaintiff. The plaintiff is a Government of India enterprise and claims to be one of the largest international trading company of India engaged inter alia in the manufacture, sale, import, export and marketing of ferrous and non-ferrous metal and minerals.

2. Defendant no.1 is a trading company and a partnership concern of which Mr. Kashish Kumar Rastogi is the proprietor. Defendant no.1 had approached the plaintiff in the year 2006 for drawal of gold under its Open General License (OGL) Scheme on loan basis and outright sale schemes. The defendant no.1 has been lifting gold from time to time. Defendant no.1 had furnished amongst others the following financial bank guarantees issued by defendant no