Law:

Section:

Civil Procedure Code (V of 1908) ----OXXXIX, Rr.1 & 2---Interim injunction, grant of---Applicant in his application for interim relief made prayers for suspension of the order of Wafaqi Mohtasib; restraining Bank from making debit entries in account of applicant in pursuance of Ombudsman's order and that in case Bank made payment to respondent under order of Ombudsman, such payment should be subject to /decree passed in suit---So far as first prayer was concerned, applicant was not aggrieved by order of Wafaqi Mohtasib as it was not party to proceedings before Wafaqi Mohtasib; as far as second prayer was concerned, it was an admitted fact that debit entries had already been made and a pay order had also been prepared by Bank in favour of respondent in amount required to be paid to, respondent pursuant to order of Ombudsman---Such relief thus could not be granted to applicant and with regard to third prayer it was important that during pendency of appeal in which application for interim relief was asked for, applicant had already filed suit against Bank and the respondent for declaration, injunction and for cancellation of debit advice of the Bank---Interim relief had also been claimed in that suit---Entire application for interim relief filed by applicant thus had become infructuous in circumstances. PLD 1987 Kar. 49 ref. JUDGMENT NASIR ASLAM ZAHID, J.---Respondent No.l, Prince Glass Works Limited (plaintiff) has filed Suit No.339 of 1986 against National Beverages (Pvt.) Ltd. (defendant No.l and appellant in this appeal) and United Bank Limited (defendant No.2 in the Suit and respondent No.2 in this appeal) for the recovery of Rs.22,83,109.69. According to the plaintiff, it placed two orders in February, 1983 for supply of empty "Coca-Cola" and "Fanta" bottles against irrevocable without recourse revolving Letter-of-Credit and, pursuant to the said orders, the defendant No.l through defendant No.2 Bank opened the required Letter-of-Credit. According to the plaintiff, it commenced deliveries in March, 1983, and presented the first set of L/C documents to defendant No.2 Bank on 19-3-1983 which documents were accepted by the Bank without any objection.…

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