( 1 ) THE appellant original plaintiff has filed this Appeal From Order challenging the order passed by the learned City Civil Judge, below notice of motion Exh. 7 in Civil Suit No. 2461 of 2008 on 11. 02. 2009. While dismissing the Notice of motion application, the learned City Civil Judge has observed in the order that the Bank Guarantee in question is unconditional and the Bank has acted upon the words stated in the Bank Guarantee. Therefore, as per settled law, in such cases, Bank Guarantee cannot be stayed unless pure case of fraud has been established by the plaintiff. The contention of the fraud has no force at all and the plaintiff has not established any prima facie case nor any balance of convenience can be said to be in favour of the plaintiff. Since the plaintiff has failed to prove his case in his favour, the stay initially granted during the pendency of the notice of motion application is required to be vacated.

( 2 ) THE learned City Civil Judge has extended the ad-interim relief so as to enable the plaintiff to approach this Court and this Court vide its order dated 24. 02. 2009 further extended the interim relief without prejudice to the rights of the parties and w

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