- (1.) THIS first miscellaneous appeal is at the instance of the defendant No. 1 in a suit for declaration and injunction and is directed against Order No. 9 dated 9th April, 2009 passed by the learned Civil Judge (Senior Division), First Court, alipore, in Title Suit No. 7 of 2009 thereby allowing an application under Order xxxix Rules 1 and 2 of the Code of Civil Procedure filed by the plaintiff and dismissing the one under Order 39 Rule 4 of the Code filed by the defendant No. 1 thereby restraining the defendant No. 1 from invoking bank guarantee being annexure W and X of the injunction application and at the same time, restraining the defendant Nos. 2 and 4 from permitting the invocation of the said bank guarantees and from making any payment in respect thereof to the defendant No. 1 in any manner whatsoever. The defendants were further restrained from giving any effect or act in terms of the notice dated 31st January, 2009 vide Annexure Y of the injunction application or any notice of the like nature in any manner till the disposal of the suit.
(2.) BEING dissatisfied, the defendant No. 1 has come up with the present first miscellaneous appeal.
(3.) THE plaintiff, respondent No. 1 before us, filed in the First Court of Civil judge (Senior Division), Alipore a suit being Title Suit No. 7 of 2009 thereby praying for the following relief: (a) Perpetual injunction restraining the defendant No. 1 from invoking the bank Guarantees being Annexure W and X hereinabove or from receiving any payment in respect thereof from the defendant Nos. 2 to 4; (b) Perpetual injunction restraining the defendant Nos. 2 to 4 from permitting invocation of the Bank Guarantees being Annexure W and x hereinabove or from making any payment in respect thereof to the defendant No. 1 in any manner whatsoever; (c) Perpetual injunction restraining the respondents from giving any effect or further effect or act in terms of or in furtherance to the notices dated 31st January, 2009 being Annexure Y hereof or any notice of like nature in any manner whatsoever; (d) The Bank Guarantees mentioned in Annexure W and X hereinabove and notices dated 31st January, 2009 mentioned in annexure Y hereinabove be adjudged null and void and be delivered up and cancelled; (e) Mandatory injunction perpetually restraining the defendant No. 1 from interfering with the removal of the plaintiffs plant and machinery lying at the site of the work; (f) Decree be passed against the defendant No. 1 form such sum as may be found due and payable for any plant and machinery belonging to the plaintiff and/or any damage caused to such plant and machinery or removal of any components thereof; (g) Decree for Rs. 8 crore against the defendant No. 1 as pleaded in paragraph 34 hereof; (h) Decree for Rs. 2,62,65,507/- against the defendant No. 1 as pleaded in paragraph 35 hereof; (i) Interim interest and interest upon judgment at the rate of 18% p. a. ; (j) Receiver; (k) Injunction; (l) Attachment; (m) Costs; (n) Further and/or other relief. ;