ORG INFORMATIC LTD Vs. TULIP TELECOM LTD

JUDGEMENT

(1.) THIS order shall dispose of an application under Order 39 Rules 1 and

(2.) READ with Section 151 CPC filed by the plaintiff against the defendants seeking a restraint order during the pendency of the suit against the defendants from invoking/encashing bank guarantee No.3406ILG003608 furnished by the plaintiff on 30.08.2008 and renewed subsequently from time to time which is now valid till 28.2.2011. 2. Briefly stated the facts of the case are that the plaintiff has filed a suit for permanent injunction against the defendant nos.1 and 2. It is alleged in the plaint that Bhartiya Sanchar Nigam Ltd. (hereinafter referred to as BSNL?) had invited bids for supply, installation and commissioning of project 3 of NIB II on Turnkey Basis, Turnkey solution for implementation of OSS, Messaging, Storage, billing, EMS and security solutions.

(3.) IT is alleged that the ORG had placed an order on 26.6.2008 on defendant no.1 for supply of IBM made hardware /software worth Rs.47,43,42,080.00. The purchase order which was placed by ORG reads as under:-