( 1 ) HEARD the learned advocates

( 2 ) THESE four petitions preferred under article 227 of the Constitution of India arise from the orders refusing to grant leave to defend and the decree passed against the defendant in Special Summary Suits No. 429 of 2001; 430 of 2001; 431 of 2001 and 432 of 2001 respectively. All the four suits arose between the same parties in similar set of facts. The learned advocates agree that these petitions be heard for final disposal. Since all the petitions raise identical question, these petitions are disposed off by this common judgment. For the sake of convenience, facts are recorded as stated in Special Summary suit No. 429/2001 alone.

( 3 ) THE plaintiff in the aforesaid suits is larsen and Tubro Limited, a Public Limited company thereinafter referred to as, "the plaintiff ". The defendant, is the Centurion bank Limited thereinafter referred to as, "the defendant". The plaintiff and one Messrs. KND engineering Technologies Limited thereinafter referred to as, "m/s. KND limited" had entered into a contract for supply of equipment for construction works site, digbai, Assam State, In accordance with the terms and conditions of the said