Law:

Section:

Civil Procedure Code (V of 1908) O.XXXIX, Rr. 1 & 2 Constitution of Pakistan (1973), Art. 185 Suit for recovery of specified amount by way of damages or supplying substandard goods Plaintiff's application for temporary injunction restraining petitioner against encashment of Bank guarantee was granted Temporary injunction granted by Trial Court was affirmed by the High Court Validity Petition for leave to appeal was converted into appeal and allowed to the extent that impugned orders of High Court and Trial Court barring encashment of Bank guarantee were set aside Appellant would be entitled to encash Bank guarantee provided he furnished security for an equal amount for due performance of decree if passed in favour of respondent by Civil Court. ORDER MANZOOR HUSSAIN SIAL, J: The petitioner herein seeks leave to appeal from order dated 9 5 1993 of the Lahore High Court (Multan Bench) passed in FA.O. No. 24 of 1993. 2. The facts in brief giving rise to this petition are that the petitioner supplied pesticides to Munir & Company respondent on loan and for repayment of the amount, the respondent on 31 8 1992 furnished two Bank guarantees drawn on the National Bank of Pakistan, Vehari for an amount of Rs.15,000,00. 3. The respondent on 27 1 1993 instituted suit against the petitioner for the recovery of Rs.17,000 by way of damages for supplying substandard pesticides. Alongwith the suit filed an application for temporary injunction restraining the petitioner to get encashed the aforesaid bank guarantees. The learned Senior Civil Judge,…

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