1. This petition is directed against the order of the appellate Judge who on appeal affirmed that of the trial Judge whereby respondent No. 3 has (been?) restrained from releasing the amount of the Bank guarantee to the petitioner during the pendency of the, suit.

2. The National Hydro Electric Power Corporation Limited (for short N.H.P.C. invited tenders in respect of the construction of Chamoa Tunnel, which is a part of Chamera Project. N.H.P.C. allotted the work to National project Construction Corporation Limited, Chamera (for short the Corporation ). It was authorised to invite tenders for completion of the project through private agencies. The Corporation invited tenders for the construction of diversion tunnel, i.e. for construction of (i) Tunnel boring allied works and (ii) Down Stream Portal. The tenders submitted by the plaintiff (hereinafter referred to as the Contractor ) was accepted. The agreement entered into between the Corporation and the Contractor provided for a Bank guarantee to be furnished by the Contractor for due performance of the work allotted. The Contractor furnished a Bank guarantee in the sum of Rs. 5 lacs for the Corporation. The Bank guarante