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1998 Supreme(Mad) 1076

K.GOVINDARAJAN
Premium Industries India Ltd. , Calcutta – Appellant
Versus
Quality Fabricators, rep. by its Proprietor Sri Arunagiri, 404, Anna Salai, O. P. Building, II Floor, Madras 35. and 2 others – Respondent


Advocates:
Mrs. Prabha Sridevan, Advocate for Petitioner. Mr. R. Krishnamachari, Advocate for Respondent No.2 & 3.

Judgment :

1. The petitioner who is the first defendant in the suit in O.S.No.4323 of 1995 on the file of the II Assistant City Civil Court, Madras, has filed the above revision aggrieved against the order passed in I.A.No.8725 of 1995 in O.S.No.4323 of 1995, dated 20.09.1995, which was confirmed by the learned III Additional City Civil Judge, Madras in C.M.A.No.146 of 1995.

2. The plaintiff/first respondent filed a suit in O.S.No.4323 of 1995 praying for a decree for permanent injunction restraining the defendants from in any way releasing, sending/despatching, encashing the bank guarantee provided by the plaintiff, through the second defendant bearing Bank guarantee Nos.D2/CC1 1/43/93-94, dated 8. 1994 and D2/CC1147/47/93-94, dated 18. 1994. Pending the suit, the petitioner filed an application in I.A.No.8725 of 1995, under Order 39, Rule 1 of the Code of Civil Procedure, seeking an order of interim injunction restraining the second defendant officials from in any way despatching/sending/releasing the Demand Draft drawn in favour of the first respondent which represents the amount covered under the two Bank Gurantees dated 8. 1994 and 18. 1994 issued by the second respondent. T




























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