1.The present Appeal from Order has been preferred against the order dated 29th December, 2004 passed below Exhibits 5 and 23 in Civil Suit No. 459/2004 by learned 4th Joint Civil Judge (Senior Division), Vadodara whereby Application Exh.5 was partly rejected and injunction was refused against encashment of performance of security guarantee and Application Exh. 23 was partly allowed.

2. The present appellant M/s. L and T Niro Limited (hereinafter referred to as L and TNL or appellant or plaintiff) filed Special Civil Suit No. 459/2004 in the Court of Civil Judge (Senior Division), Vadodara, against The Mysore Paper Mills Ltd. (hereinafter referred to as MPML or the respondent No. 1 or Defendant No. 1) and IDBI Bank Ltd. (hereinafter referred to as the Bank or respondent No. 2 or defendant No. 2) praying as under :

(a) that, pending the hearing and final disposal of this suit, this