This revision is under Art.227 of the Constitution of India filed by the first defendant in O.S.No.140 of 1998, on the file of 18th Assistant City Civil Court, Madras.

2. First respondent herein, as plaintiff, filed the suit for declaration declaring that the first defendant is not entitled to invoke Bank Guarantee Nos.362/91-92 and 363/91 -92, dated 3. 1992 and extended from time to time upto 112. 1997 with claim period upto 11. 1998, and also for an order of ad interim injunction restraining the second defendant and bank from paying any sum covered under the said Bank Guarantee.

.3. It is alleged in the plaint that the plaintiff and first defendant entered into a contract on 4. 1992 as supplier and purchaser wherein plaintiff agreed to supply plant and equipment and mandatory spares therefor and incidental services like supervision of erection, startup, commissioning, conducting performance trails and demonstration of guaranteed performance, training of personnel, etc., under I.C.B. package No.03 particularly consisting of raw material drying and grinding, cement meal continuous blending and kiln feed, clinker manufacturing fuel (Coal) drying and grinding, slag drying