Jayanta Kumar Biswas, J. - (1.) This interlocutory application (T. No.591 of 2003) dated November 3rd, 2003 has been filed by the plaintiff in its pending suit (C. S. No.293 of 2003). The prayers in this application read as follows: "a) An order of injunction restraining the respondents, their men, servants and agents from receiving and/or making payment under the Letter of Credit bearing No.CALJ/FCL/132/03 dated 10th June, 2003 opened by the petitioner through respondent No. 2 as issuing bank and respondent No. 3 as confirming bank; b) The respondent No. 1, its men, servant and/or agent be also restrained from negotiating the Letter of Credit bearing No. CALJ/FCL/ 132/03 and create third party interest in respect thereof; c) The respondent No.1 be directed to put in security for a sum of USD 8180 being the till date claim for loss and compensation made by the overseas buyer of the petitioner; d) Ad interim orders in terms of prayers above; e) Necessary order as to costs; f) Such further or other order or orders be passed and/or direction be given as to this Hon'ble Court may deem fit and proper;" In the suit the plaintiff has prayed for the following reliefs: "a) A decree for perpetual injunction restraining the respondents, its men, servants and agents from receiving and/or making payment under the Letter of Credit bearing No.CALJ/FCL/132/03 dated 10th June, 2003 opened by the petitioner through respondent No.2 as issuing bank and respondent No. 3 as confirming bank; b) A declaratory decree to the effect that the respondent No.l is not entitled to US $24,640 from the petitioner; c) A decree for USD 8180 as pleaded in paragraph 33 hereinabove; d) Interest, interest pendents lite and interest upon judgement; e) Temporary injunction; f) Receiver; g) Attachment; h) Costs; i) Further and other reliefs;".
(2.) On November 5th, 2003 this application was moved exparte, and an interim order was granted in terms of prayer (a) of this application. Such ex parte interim order was directed to remain in force for a period of four weeks, and the plaintiff was directed to serve notice of this application on the defendants. Affidavit-of- service dated November 28th, 2003 has been filed stating that notice was given to the defendants. In response to the notice, while defendant No. 1 has entered appearance, the other defendants have not.
(3.) The facts of the case are these. The plaintiff, inter alia, carries on business as trader of diverse items required for packaging of tea; its registered office is at Kolkata. Defendant No. 1 is a manufacturer of multiwall paper sacks required for packing tea for export and transportation; it has its office and manufacturing unit in Srilanka. On May 5th, 2003 the plaintiff received an order for 32,000 pieces of multiwall paper sacks from a company in Vietnam. The plaintiff placed the order with defendant No. 1 for supplying such sacks direct to the company in Vietnam. For the purpose on June 10th, 2003 the plaintiff opened a Letter of Credit in favour of defendant No. 1; it was opened through defendant No. 2 (the Federal Bank Ltd., Overseas Branch at Kolkata). It was an irrevocable Letter of Credit for US $24,640. In clause 46A of this Letter of Credit the documents required for negotiation of the bills were specified; one of such documents was a pre-shipment inspection certificate to be issued by a recognized surveyor company confirming the quantity and quality of the sacks according to the agreed specifications.;