The 1st defendant in C.S.No.693 of 2011 has taken out this application seeking to reject the plaint in the above suit.

2. The case of the applicant/original 1st defendant Bank is that it has advanced a loan to M/s. Subhiksha Trading Services Ltd (In short "STSL"), the second respondent herein. The 1st respondent/original plaintiff is a Guarantor to the applicant Bank in respect of dues payable by the STSL. As there was a default in paying the loan amount, the applicant/original 1st defendant Bank has filed an application in O.A.No.178 of 2011 before the Debts Recovery Tribunal-I (DRT), Chennai for recovery of a sum of Rs.88,16,33,236.28/-. The 1st respondent/original plaintiff has also filed a written statement before the DRT contending that the said guarantee is unenforceable. Besides he has also filed interim application for discharge by raising the same allegation as has been made in the present suit and the same was dismissed. An appeal filed before the Debts Recovery Appellate Tribunal (DRAT) against the said order also did not yield result in his favour. In the above circumstances, he has filed the present suit declaring the Guarantee as null and void. According to the