Harish Tandon, J.

1. It would be unnecessary to go into extensive details of the facts as pure question of law is raised at the time of entertaining G.A. No. 2628 of 2009 filed by Deutsche Bank for vacation, variation and modification of interim order passed in the suit without seeking its impleadment and/or addition as party in the suit.

2. In a suit for declaration that the Respondent No. 1 is not liable to make any payments under the letter of credit dated 22nd May, 2008 for a sum of US$1912756.57 for supply of 3340.495 metric tons of French Yellow Peas under the commercial invoice dated 15th September, 2008 and the Respondent No. 2 is not entitled to any payment under the said Letter of Credit and cancellation thereof, an order of temporary injunction was passed, on January 16th, 2009, after recording the existence of prima facie case of fraud and balance of convenience and/or inconvenience lies in favour of the Petitioner in terms of Prayer ‘A’ to the application which is set out herein below:-

“An order of injunction restraining the respondent no. 1 from making any payment or reimbursing the bankers of the respondent no. 2 any sums under the Letter of Credit dated 22nd