( 1 ) BOTH these petitions have been moved invoking jurisdiction of this court under Articles 226/227 of the Constitution of India seeking appropriate relief by the rival parties of Special Civil Suit No. 202 of 2003 (herein after referred to as the said Suit) pending in the court of learned Civil Judge (SD) at Vadodara in reference to one order passed by the learned Judge below exh. 39 and an order passed below exh. 1- the plaint in reference to one withdrawal purshis exh. 20, filed on 5. 5. 2003.

( 2 ) THE petitioner of SCA No. 14998 of 2003 is the original plaintiff of the said suit filed seeking a declaration and permanent injunction against encashing bank guarantees, wherein the plaintiff had also prayed for temporary injunction. The petitioner of SCA No. 15050 of 2003 is the original defendant no. 1 no. 1 in the said suit. For the sake of convenience petitioner of SCA No. 14998 of 2003 is referred as plaintiff and respondent no. 1 i. e. petitioner of SCA No. 15050 of 2003, is referred as defendant no. 1 in this judgment.

( 3 ) THE defendant no. 1 had preferred caveat application No. 4786 of 2003 on 10. 10. 2003. But thereafter it has moved a substantive petition