Arijit Banerjee, J. - (1.) The plaintiff has filed the present suit claiming various reliefs but at the time of hearing, has pressed only prayer (d) of the plaint, and in my opinion rightly so, which is a decree for Rs.1,40,52,595/-. The said amount comprises a sum of Rs.48,33,223/- on account of alleged wrongful invocation of a Bank Guarantee by the defendant nos. 1 and 2 furnished in their favour by the plaintiff and interest on the said sum at the rate of 18 per cent per annum from 3 August, 1999 till 8 March, 2010 i.e. from the date when the defendant no. 1 received payment under the Bank Guarantee till the date of filing of the suit.
(2.) The suit has been heard as an undefended suit in view of the failure of the defendant nos. 1 and 2 to file written statement even within the extended time period. The defendant no. 3 is the Bank issuing the guarantee. No relief is claimed against the defendant no. 3.
(3.) The material facts of the case as pleaded by the plaintiff are as follows.;