( 1 ) THIS appeal has been preferred by the plaintiff under Order XLIII. Rule 1 (r ). C. P. C. against the order dated 29. 1. 2002 of Civil Judge (Sr. Division) by which the application No. 5c moved by the plaintiff for grant of interim Injunction was rejected.

( 2 ) THE plaintiff M/s. Super House Leather Ltd. filed O. S. No. 423 of 2001, impleading saggittarlans International Ltd. , Calcutta and Punjab National Bank as defendant Nos. 1 and 2. The only relief claimed in the suit is that a decree for permanent injunction be passed in favour of the plaintiff and against the defendants whereby defendant No. 1 be restrained to encash the letter of Credit from defendant No. 2 (bank) and the defendant No. 2 be restrained from making payment of Letter of Credit No. 35 of 2000, dated 12. 10. 2000 to defendant No. 1.

( 3 ) THE case of the plaintiff, in brief, is that in pursuance to a concluded contract between the parties, the defendant No. 1 had supplied one TOE LASTING MACHINE on 27. 10. 2000 and as per the terms of the contract, the plaintiff had opened a Letter of Credit bearing No. 35 of 2000 dated 12. 10. 2000, with the Punjab National Bank (defendant No. 2 ). The ma