S.C. Gupte, J.

The second appeal challenges an order passed by the District Court, Pune in a civil appeal. By the impugned order, the learned District Judge allowed the first Respondent's appeal and set aside the judgment and decree passed by the court of Civil Judge, Junior Division, Pune in favour of the Appellant.

2. The Appellant (original Plaintiff) filed the present suit against Respondent No.1 and three others for a perpetual injunction restraining invocation of a letter of credit. According to the Plaintiff, it had placed a purchase order with Respondent No.1 (original Defendant No.4) on 29 March 2007 for purchase of one THINK 3 Plazma Software Solution and one Microsoft Software. For payment of price of these goods, the Plaintiff caused to establish a letter of credit through its banker, namely, Defendant No.3. Defendant No.1 was the issuing bank for this letter of credit, whereas Defendant No.2 was a negotiating bank. The letter of credit was for a sum of Rs.26,88,687/-. On 30 May 2007, the Plaintiff received two compact discs from Defendant No.4 towards the delivery of the contracted goods. It is the Plaintiff's case that this delivery was merely a part delivery