SUPER HOUSE LEATHER LTD Vs. SAGGITTARIANS INTERNATIONAL LTD

JUDGEMENT

(1.) This appeal has been preferred by the plaintiff under Order XLIII. Rule 1 (r). C.P.C. against the order dated 29.1.2002 of Civil Judge (Sr. Division) by which the application No. 5C moved by the plaintiff for grant of interim Injunction was rejected.

(2.) The plaintiff M/s. Super House Leather Ltd. filed O.S. No. 423 of 2001, impleading Saggittarlans International Ltd., Calcutta and Punjab National Bank as defendant Nos. 1 and 2. The only relief claimed in the suit is that a decree for permanent injunction be passed in favour of the plaintiff and against the defendants whereby defendant No. 1 be restrained to encash the Letter of Credit from defendant No. 2 (bank) and the defendant No. 2 be restrained from making payment of Letter of Credit No. 35 of 2000, dated 12.10.2000 to defendant No. 1.

(3.) The case of the plaintiff, in brief, is that in pursuance to a concluded contract between the parties, the defendant No. 1 had supplied one TOE LASTING MACHINE on 27.10.2000 and as per the terms of the contract, the plaintiff had opened a Letter of Credit bearing No. 35 of 2000 dated 12.10.2000, with the Punjab National Bank (defendant No. 2). The machine was installed in the premises of the plaintiff on 27.11.2000 but It did not function and the engineers of defendant No. 1 could not succeed in repairing the same and it was making no production. The case of the plaintiff further was that the defendant No. 1 played fraud and, consequently, it had instructed defendant No. 2 not to make any payment to defendant No. 1.