Raj Mohan Singh, J. - (1.) Defendant No. 1 has filed this appeal against judgment and decree dated 03.02.1997 vide which judgment and decree dated 05.03.1993 passed by the Sub -Judge Ist Class, Patiala was upheld.
(2.) Plaintiffs filed suit for permanent injunction seeking restraint order from en -cashing bank guarantee furnished by defendant No. 3 on behalf of the plaintiffs. Plaintiff was a proprietorship concern and Mr. Rajeev Goyal was sole proprietor. Defendants No. 1 and 2 floated tender which was opened on 01.12.1988 for the sale of five lots of copper scrap.
(3.) Plaintiff submitted five tenders for five lots of copper scrap and also submitted bank guarantee to the tune of Rs. 1,35,000/ - by way of earnest money as per condition of the notice inviting tender. The validity of the offer was for six months and the same was to be opened on 01.12.1988.;