P. A. Mohammed, J. - The cardinal dispute for adjudication in this appeal revolves around the invocation of Bank guarantees executed in terms of an agreement for performance of a works contract. The question is whether the appellant is entitled to a temporary injunction restraining the responds from enforcing the Bank guarantees executed by the second respondent on behalf of the appellant in favour of the first respondent. The plaintiff M/s. Geo Tech. Construction Co. (P.) Ltd. (hereinafter referred to as 'Geo Tech') is the appellant and the first respondent M/s. Hindustan Steel Works Construction Ltd. (hereinafter called by acronym 'HSCL') is the first defendant in the suit. The State Bank of Travancore, M.G. Road, Ernakulam is the second defendant. This appeal is directed against the order of the First Additional Sub-Judge, Ernakulam in an interim application, I.A. No. 1908 of 1998 in O.S. No. 236 of 1998.

2. The above suit was filed praying for a decree on the following terms :

"(a) to declare that the first defendant has no right or authority whatsoever to invoke bank guarantee Nos. BG. No. 41/94-95 dated 17-11-1994 for Rs. 5 lakhs, B.G. No. 42/94-95 dated 17-11-1994 f