Banerjee, J. - (1.) This appeal is at the instance of the defendants Indian Banks' Association and United Commercial Bank against an order passed by the Hon'ble single Judge in the following terms :-- "****It is further ordered that the defendant Banks' Association, its servants, agents and assigns be and they are hereby prohibited and restrained from taking any further steps other than those already taken in respect of the letter of cancellation and/or withdrawal dated the eight day of March one thousand nine hundred and eighty." And also it was made clear that this order would not stand in any way in the way of the defendants Andhra Bank Limited and United Commercial Bank from considering each consignment note issued by the plaintiff strictly on their merits and from accepting or rejecting the same after such consideration till the disposal of the suit. Being aggrieved by this order the appellants herein have preferred this present appeal.
(2.) The case made out by the plaintiff in its application for Injunction is that the plaintiff carries business as carrier and transport agent for reward. The Indian Banks' Association on the application being made by the plaintiff recognised the transport operator, the plaintiff, and recommended that lorry receipts issued by the plaintiff on the basis of the undertaking given by the plaintiff to the content of full value of such receipts would be recognised by the member banks for the purpose of payment on the consignment when the bank is a consignee.
(3.) There is a scheme named as 'IBA Scheme for Recommending Transport Operators to Member Banks'. It appears that the United Commercial Bank, according to the plaintiff, all on a sudden refused to recognise the consignment receipt for the purpose of payment by the said bank. The defendants on the basis of that came to understand that Indian Banks' Association has recommended for the de-recognition of the said transport operator under the Indian Banks' Associations scheme.;