Judgment

SHAH, J. :- M/s. Tarapore & Company - hereinafter called the plaintiffs - applied in Suit No. 118 of 1967 for an interim injunction restraining the Bank of India Ltd. - the first defendant in the suit - form taking any steps in pursuance of a letter of credit opened in favour of M/s. V/O Tractors Export, Moscow, the second defendant. Ramamurthi, J., by order dated April 12, 1968, granted an interim injunction restraining encashment of the letter of credit pending disposal of the suit. In appeals under the Letters Patent preferred by the second defendant, the High Court of Madras set aside that order. Against the orders passed in the two appeals, the plaintiffs applied for certificate under Arts 133 (1)(a) and 133 (1)(b) of the Constitution. The High Court observed that an order granting interim injunction "is a final order, as far as this Court is concerned, determining the rights of parties within this lis or proceeding, which is independent though ancillary to the suit," and they were competent to grant the certificate.

2. By our order dated October 28, 1968, we ordered that the certificate granted by the High Court do stand revoked. We set out the reasons in support of th