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2015 Supreme(SC) 930

RANJAN GOGOI, N.V.RAMANA
STATE BANK OF HYDERABAD – Appellant
Versus
RABO BANK – Respondent


JUDGMENT :

N.V. RAMANA, J.

Leave granted.

2. This appeal has been directed against the Judgment and Decree dated 9th October, 2014 passed by the Division Bench of the High Court of Judicature at Bombay in Appeal No. 415 of 2014 arising out of Summons for Judgment No. 238 of 2008 in Summary Suit No. 1586 of 2001. By the said judgment, which is impugned herein, the Division Bench of the High Court dismissed the appeal preferred by the appellant/defendant thereby upholding the Judgment of the learned Single Judge.

3. In order to adjudicate the controversy between the parties, at the outset it is necessary to cull out the facts of the case to the extent of deciding the dispute before us.

4. The respondent/plaintiff is a banking institution located in Singapore and on behalf of its constituent namely M/S Gloland (Far East) Pte. Ltd., the respondent/plaintiff carried on business dealings with the appellant/defendant. The constituent of the respondent is engaged in the business of export of Chick Peas and it shipped a consignment to its Indian clients, namely, M/S Kothari Global Ltd. and M/S Marudhar Edible Oils Ltd., while handing over three sets of relevant documents dated 4.2.1998, 24.2





























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