quashed and he will follow the remedies of getting
injunction by filing a fresh motion. It appears
that while this motion was pending, the appellant
had filed motion for injunction bearing No. 2554 of
2007. However, that was withdrawn with liberty to
the appellant to file a fresh motion in the event
order dated 11.2.2008 passed in Notice of Motion
No.2970 of 2006 (this Notice of Motion from which
the present appeal arises) is set aside in the
appeal. Therefore, if the present appeal is
allowed, then he can file Notice of Motion. But for
the present if it is allowed, then the Plaintiff is
without any protection which was earlier granted by
this court. We therefore, suggested the appellant
that the appellant shall make statement that he do
not want protection of Rs. 10 lacs. by way of bank
guarantee and or invoking the earlier bank guarantee
to deposit the amount in the court. However, on
instructions, he has stated that he is willing to
make such statement. He has also filed written
statement to that effect duly signed by the
Plaintiff. Thus we find that the protection of Rs.
10 lacs. by way of guarantee which was available
since beginning in this suit and which has attained
finality in favour of the appellant has been
relinquished by the appellant on his own volition.
The net result is that the respondents are not under
obligation to furnish a bank guarantee and
therefore, under these circumstances, namely
relinquishment of the rights of claiming bank
guarantee by the appellants, the Motion No. 2970 of
