I.P.MUKERJI,J. - (1.) This is an interim application in aid of the above suit asking inter alia for a restraint order upon the Bank of Baroda (International Business Branch), Kolkata not to remit USD 171,000/- or any other sum representing the amount payable under the unconditional bid bond in clause - 3 of the contract between the plaintiff and the first defendant.
(2.) This application was moved ex parte, pleading that there was the greatest urgency in the matter, as the above bank would remit the amount any time to the credit of the first defendant. Upon such representation I entertained the application ex parte as an unlisted "Court Application", after directing allotment of a tender number, in the morning.
(3.) Put very shortly, the parties desired to enter into a contract for the supply of "White Long Grain Well Milled Rice" by the plaintiff to the first defendant. The quantity was 33,000 metric ton. It could be 5% more or less. It had to be shipped from Kandla, India, to the port of destination being Qaser-Iraq.;