R.A.MEHTA
ULTRAMED PVT. LTD. , JAIPUR – Appellant
Versus
UNION BANK OF INDIA, JAIPUR – Respondent
1. The final order entitling the applicant bank to recover the suit claim alongwith interest is challenged by this appeal preferred by Original Defendants No. 1, 2 and 4.
2. The facts in brief are as below:
Import L.C. and two other facilities were sanctioned by the Applicant Bank to Defendant No. 1 Company of which Defendant No. 2 is the Director (both) hereinafter referred to as Defendants) in pursuance of their application dated 19.5.93. On sanction, the Defendants placed an order with M/s. Dutch Research Centre International of Holland (in brief DORC) for the import of surgical equipment. The Original Import L.C. facility was converted into DALC facility (Documents Against acceptance LC) at the instance of the Defendants. The credit of 6 months to defendants was granted by the Dutch International. The consignment was despatched from Holland on 4th October, 1993. On the request of the defendants the applicant bank Instructed the Dutch Air Lines to deliver the goods to the defendants. It is alleged by the bank that the goods were duly delivered accordingly. It is further alleged that the due date for payment was 4th April 1994. The applicant bank had arranged for the for
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