D.K. Seth, J. : An interim order invoking the Letter of Credit was granted ex parte on 6th April, 2001. Mr. Hirak Mitra, learned Counsel for the Hong Kong and Shanghai Banking Corporation Ltd. shortly HSBC had mentioned the matter. On 11th April the matter was taken up and the application for injunction was disposed of by continuing the interim order as is apparent from the order dated 11.4.2001. The ground on which the interim order was continued was that the shipping document was not in order and the negotiating bank in England being HSBC PLC had the responsibility of checking the document in view of the decision of the Apex Court with regard to its responsibility while accepting documents. The allegation was that in view of the defect in the shipping document the vessel was not allowed to be berthed in the Haldia Port and was about to move away and then the goods would be lost and the loss that would be suffered by the plaintiff could not be retrieved. The said order was supported by reasons as would be apparent from the order.

2. The defendant No.2 had appeared and mentioned the matter yesterday and pointed out that the vessel had already berthed and the cargo was