J.JAGANNADHA RAO, UMESH C.BANERJEE
Federal Bank LTD. – Appellant
Versus
V. M. Jog Engineering LTD. – Respondent
Judgment
M. Jagannadha Rao, J.-Leave granted.
2. The appellant Federal Bank at Bombay was the 3rd defendant in the suit and has a branch at Pune. It has preferred this appeal against the order of the High Court dated 8.10.99 summarily dismissing the appellant’s appeal AFO No. 818 of 1999. The appeal was preferred against the order of the trial Court dated 29.4.99 whereby the trial Court had confirmed an ex-parte interim injunction dated 20.5.98 granted by it earlier, rejecting the appellant’s application to vacate the same. The matter relates to a Letter of Credit issued by the 2nd defendant, Bank of Maharashtra, Pune (3rd respondent) at the instance of the plaintiff-buyers (1st respondent) , M/s. V.M. Jog Engineering Co., Pune. The sellers are M/s. Jaswant Steel, Nagpur (1st defendant) (1st respondent). The appellant Federal Bank was the Negotiating Bank (3rd defendant) while the 3rd respondent, Bank of Maharashtra was the Issuing Bank.
3. The main point arising in the case can be stated briefly as follows :
The appellant, the Negotiating Bank received documents from the sellers which included five delivery challans purportedly signed by the buyers officers acknowledging receipt of g
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