ETERNIT EVEREST LIMITED Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This is a suit filed by the plaintiff against the defendants for permanent injunction. Defendant No. 1 is State Bank of India and defendant No. 2 is Mr. Vijay Jaiswal, sole proprietor of M/s Three Circle. The plaintiff in this suit prayed that the defendant No. 1 be restrained from encashing the bank guarantee No. 87/86 and/or from making any payment to the defendant No. 2 and/or withdrawing any money in this behalf from the account of the plaintiff. From the pleadings of the parties, the following issue were framed on 18.07.1996. :-

(2.) Whether the Bank Guarantee No. 87/86 dated 14.11.1987 given on behalf of the plaintiff in favour of the defendant No. 2 has already expired? Relief.

(3.) It has also been recorded in the order dated 18.07.1996 that no other Issue was pressed by the parties and it was on the consent of the parties that no oral evidence was led in this case, they argued the matter on the basis of the documents filed on record and exhibited.