JUDGMENT

Rajiv Shakdher, J. - These are the two applications filed before me by the plaintiff as well as the defendant. I.A. No. 3837/2020 has been filed by the plaintiff under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908 [in short "CPC"] while I.A. No. 4434/2020 has been filed by the defendant under Order XXXIX Rule 4 of the CPC for vacating the interim order dated 11.05.2020.

1.1 Order dated 11.05.2020 was a conditional order in as much as it restrained the defendant, in effect, from entering into an agreement with another person or an entity qua the subject territory i.e. India till the next date of hearing subject to the plaintiff furnishing an unconditional bank guarantee of a nationalized bank amounting to Euro 1,134,430/-. In other words, parties were directed to maintain status-quo provided that the aforementioned condition was met.

1.2 This order has continued up until now. Concededly, the plaintiff has not furnished the bank guarantee, which, it voluntarily offered to furnish at the hearing held on 11.05.2020 with the avowed purpose of making a course correction.

2. The plaintiff, via its counsel Mr. Tanmaya Mehta, on 29.05.2020, expressed inability to fur