M.S.RAMACHANDRA RAO
Amrutlal & Company, Merchants & Commission Agents, Nizamabad – Appellant
Versus
Rankids Impex Private Limited,New Delhi – Respondent
This Revisionis filed under Article 227 of the Constitution of India by petitioner challenging the order dt.14-07-2004 of the District Judge, Nizamabad in I.A.No.23 of 2003 in O.S.No.7 of 2002.
2. The respondent is a Company registered under the Companies Act, 1956. It engages in the business of exporting turmeric besides other items to its foreign buyer/importers. It’s registered office is at New Delhi.
3. The petitioner is a partnership firm doing business as a Commission Agent in purchases and sales of agricultural products like maize, turmeric and other agricultural products based in Nizamabad in Andhra Pradesh.
4. The respondent, in order to meet its requirement in terms of an export order procured by it, was purchasing turmeric from the petitioner from 1997-98, prior to the filing of the above suit.
5. As per the business dealings between the parties, the respondent, after procuring export orders from its foreign buyers, would place an order of purchase of turmeric on the petitioner, to be supplied in batches as per the requirement of foreign buyer to ensure timely export and also payments over a period of time. The foreign buyer would open a Letter of Credit on th
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