Judgment

DESAI, J. :- First respondent United Industrial Bank Limited (Bank for short) having its registered office at 7, Red Cross Place, Calcutta filed Suit No. 1508 of 1981 on the original side of the Bombay High Court against the appellant - The Cotton Corporation of India Limited (Corporation for short) and one Tapan Kumar Ghosh, who at the relevant time was the Chief Branch Manager of the Worli Branch of the Bank and defendant No. 3-Bradbury Mills Limited, an existing Company within the meaning of the Companies Act, 1956 carrying on business at Maulana Azad Road, Jacob Circle, Bombay praying for a declaration that the acceptance and / or co-acceptance of the bill of exchange and / or hundies listed in Exhibit K by second defendant Tapan Kumar Ghosh for and on behalf of the Bank was null and void and not binding on the Bank and calling upon the Corporation to deliver up to the Court the disputed bills of exchange and / or hundies for the purpose of cancellation and for a direction cancelling the same. In this suit the Bank took out a notice of motion No. 1156 of 1981 seeking to restrain by an interim injunction the Corporation from enforcing any claim. whatever in any form or f