J T MOBILES LIMITED Vs. DEURSCHE BANK LIMITED

JUDGEMENT

(1.) This Order shall dispose of the plaintiffs application bearing I.A. No.5489 of 1989 under Order 39 Rules I and 2 read with Section 151 Civil Procedure Code in Suit No. 1334 of 1998.

(2.) The plaintiff Filed a suit for permanent injunction. This Court while issuing summons to the defendants also granted an ad interim exparte injunction on 6/7/1998. The injunction order was in respect of encashment of Financial bank guarantee pertaining to Andhra Pradesh and Karnataka circles. As far as Andhra Pradesh circle is concerned, the ex-parte injunction granted by this Court was vacated on 15/2/1999. Now this order shall dispose of the matter pertaining to financial bank guarantee in respect of Karnataka circle.

(3.) The relevant portion of the financial bank guarantee submitted by the plaintiff in respect of Karnataka circle reads as under:-