Appeal was taken from a judgment denying the plaintiff's motion for a temporary restraining order pending a declaratory judgment action. Held: 2. The plaintiff insurer sought a declaration that it was not liable for a fire loss under a policy of insurance. It was contended that declaratory judgment was necessary to prevent the plaintiff from having imposed upon it bad faith penalty and attorney fees under Code Ann. 56-1206 (Ga. L. 1960, pp. 289, 502; 1962, p. 712). The trial judge denied the motion for a restraining order on the basis that plaintiffs rights had already accrued. Unless, as a matter of law, irreparable injury will result to the complainant, we will not reverse the trial judge's exercise of discretion in denying interlocutory relief. Mitchell v. DeKalb County Bank, 139 Ga. App. 562 (3) (228 SE2d 746). From the present record no abuse was shown. The plaintiff would not be absolved of the bad faith penalty provided in Code Ann. 56-1206 merely by the fact that this declaratory judgment action was brought. Cf. Bituminous Cas. Corp. v. Mowery, 145 Ga. App. 45, 50 ( 244 SE2d 573) and cits. This suit does no more than ask the court to determine whether the plaintiff is liable upon an insurance policy which it issued. Provident Life &c. Ins Co. v. United Family Life Ins Co., 233 GA. 540 (212 SE2d 326). Kemper, Baker, & Boswell, Joseph R. Baker, Michael S. Reeves, Donald M. Fain, for appellees. | 
