S.B. Sinha, J. - (1.) This appeal arises out of an order dated 20th July, 1995 passed by Sri D.N. Das, Judge-in-Charge, 7th Bench City Civil Court at Calcutta in Title Suit No. 2443 of 1995, whereby and where under on an application for injunction filed on behalf of and plaintiff-respondent, an order of ad interim injunction was passed directing the parties to maintain Status Quo in the matter of determing and/or claimining and/or receiving any money and/or taking any steps in respect of Bank Guarantee dated 30.3.95 and also in the matter of remitting paying and/or taking any step or steps in relation to the said Bank Guarantee and/or encashing the same in any manner till disposal of the application for temporary injunction.
(2.) The plaintiff-respondent filed a suit as against the appellant claiming, inter alia, the following reliefs:- "a) For a decree declaring that the purported Bank Guarantee Nos. 40/288 and 40287 is void, nullity, unenforceable, inoperative and is of no consequences whatsoever; b) For a declaration alternatively that "the purported Bank Guarantees No. 40/288 and 40287 absolutely got extinguished and rights and obligations of the parties under the said guarantee got discharged completely in view of the facts and circumstances as stated in the plaint; c) For a direction upon the defendant No. 1 to cancel the Bank Guarantee No. 40288 and 40287 and/or record such cancellation and return the Bank Guarantee to the plaintiff."
(3.) An application for temporary injunction was also filed whereupon the aforementioned order was passed. As against the aforementioned ad interim order passed by the learned Judge, this appeal has been preferred.;