' 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, Vehari on 13-4-1993 granted the application. The petitioner assailed the aforesaid order in appeal before the High Court which was dismissed in limine on 9-5-1993.
4. This petition came up for hearing on 31-10-1993, and an order to the following effect was passed:-- "In this background we suspend the impugned orders barring the encashment of the bank guarantee by the petitioners. The petitioners shall be entitled to encash it provided that the petitioners furnish bank guarantee for an equal amount so as to be available if at all the respondent succeeds and the original bank guarantee is held liable for set-off.
' Notice to issue to the respondent why this petition be not converted into appeal and disposed of in the above terms."
5. After hearing learned counsel for the parties we convert this petition into appeal and by allowing it modify the order dated 31-10-1993 as under:- "The impugned orders dated 9-5-1993 of the High Court and 13-4-1993 of the Senior Civil Judge, Vehari respectively, barring the. Encashment of the bank guarantee are set aside. The appellant shall be entitled to encash the bank guarantee provided they furnish security for an equal amount for due performance of the decree if passed in favour of the respondent by the Civil Court."