JUDGMENT

Lee Hun Hoe AG LP(read by Raja Azlan Shah FJ):

This appeal is against the decision of the learned judge in respect of certain orders made in connection with two cases which, for convenience, would be dealt with together. The main ground is against the issuance of the injunction and the writ of seizure and sale. Also, for convenience, any reference to the Appeal Record will be toNo. 33 of 1976 except otherwise stated.

Plaintiffs/respondents ("Wiel Bros") are Wiel Bros Cotton Inc (also trading as HH Lawler Co.), a company incorporated under the laws of the State of Delaware, USA and having their principal place of business at PO Box 100 Montgomery, Alabama, USA. Defendants ("Thai Industries") are Thai Industries

Development Co. Ltd. of 264 Raja Wongse Road, Bangkok, Thailand. Appellants/Intervenors ("Bangkok Bank") the Bangkok Bank Ltd had, on the application of "Thai Industries" opened an irrevocable commercial letter of credit for US$158,733 in favour of Newcot Ltd. of Switzerland for shipment of 939 bales of raw cotton from Germany to Bangkok. The cotton was shipped by ss. "Havelland" from Brema, Germany to Bangkok under a bill of lading dated 28 August 1975 "to the order of