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1994 Supreme(Online)(Ker) 175

KERALA HIGH COURT
Not Mentioned, Not Mentioned
Regional Science Centre v. Varghese K. Pulayath And Co.


1. Defendants 2 and 3 are the appellants. The suit was one for injunction restraining the first defendant from encashing or parting with any amount under Bank Guarantee Nos. 31/30 dated 9-1-1991 and 31/23 dated 20-10-1990 furnished to the second and third defendants pursuant to the demand of the third defendant in his letter dated 2-11-1992 and for an order of injunction restraining the second and third defendants and their officers from pressing the demand for encashing the Bank guarantees or recovering any loss without a fiat from a competent court. Plaintiff filed I. A. No. 5930 of 1992 for an order of temporary injunction restraining the first defendant - Bank from parting with any amount under Bank Guarantee Nos. 31/30 dated 9-1-1991 and 31/23 dated 20-10-1990 issued by the first defendant, to the third defendant, pending disposal of the suit. In this I.A. defendants 2 and 3 were parties. The Court below passed an ad interim order of temporary "injunction against encashing BG" (Bank Guarantee) and also ordered "Inj. & Notice".

2. This order of interim injunction was made absolute by the impugned order in this appeal. Now, facts:

3. For the purpose of construing buildings for the






















































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