[1] In the High Court the appellant here (Sumatec) succeeded in obtaining an injunction to restrain the respondent here (MRC) from calling upon a bank guarantee issued by Bank Islam Malaysia Berhad (BIMB). The High Court also dismissed MRCs application to set aside an earlier ex-parteinjunction order dated 4 June 2010 obtained by Sumatec to the same effect.

[2] The ex-parteinterlocutory application by Sumatec in the High Court was for the following prayers:

(a) to restrain the MRC from calling upon the bank guarantee issued by BIMB;

(b) alternatively, if a demand had been made by the MRC, for MRC to be restrained from receiving the sum guaranteed thereunder;

(c) further alternatively, if any sum has been released by the BIMB to MRC, MRC to be restrained from utilizing or dealing with such sums pending determination and disposal of Sumatecs claim in this suit or further order; and

(d) a further order sought against MRC was to the effect that, if the monies under the bank guarantee had been received by the MRC from the BIMB, MRC was to be directed to refund such monies to BIMB in the meanwhile.

[3] The background facts had been clearly set out in the judgment of the trial judge and suffice