1. Heard both sides. Original Application No.658 of 2008 is filed by the plaintiff, seeking for grant of an interim injunction, restraining the first defendant from in any way imposing a treat of invoking bank guarantee and forfeiting the earnest money deposit through the second defendant or recommending the applicant/plaintiff to be blacklisted to the Government and its agencies or in any other manner.

2. The plaintiff filed a suit for the relief of declaration that the letter, dated 4. 2008 sent by the first respondent/defendant does not create any legal relationship between the plaintiff and the first defendant by way of any concluded contract as per the tender submitted by the plaintiff. When the matter came up on 16. 2008, this Court granted an interim injunction from invoking the bank guarantee for a period of 10 days. On 112. 2008, this Court continued the interim order. Subsequently, this Court, once again on 30.03.2009 directed the plaintiff to keep alive the bank guarantee for another three months from the date of the order.

3. When the interim order was in force, the first defendant filed A.No.3059 of 2008 under Order 7 Rule 11 (d) of CPC for rejecting the pl