ORDER :- Petition is filed under Section 24 (1) (b) (i) of the Civil P.C. for withdrawing the appeal in A.S. No. 297 of 1981 on the file of the Principal Judge, City Civil Court, Madras to the file of this Court. It is claimed by the petitioner that O.S. No. 5101 of 1981 was filed in the City Civil Court for declaration that the Bank Guarantees executed by the second respondent-Bank herein, is illegal, void and unenforceable and for consequential injunction restraining first respondent from enforcing the four bank guarantees executed by second respondent in favour at first respondent. The suit was dismissed resulting in the filing of A.S. No.297 of 1981, as against it. C.M.P. No.1176 of 1981 was filed for interim injunction, which was granted.

2. Earlier to institution of O.S. No.5101 of 1981, petitioner filed C.S. No. 316 of 1980 for recovery of a sum of Rs. 7,02,500/- and for declaring that the order passed by the first respondent on 9-5-1980 is illegal and not binding and for consequential injunction against it and from enforcing or recovering the amounts covered by the four bank guarantees given by the second respondent herein. Application No.576 of 1980 was filed in th