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2023 Supreme(Cal) 823

KRISHNA RAO
Antarctica Limited – Appellant
Versus
Westco International Fze – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Aniruddha Mitra, Mr. Koushik Banerjee, Ms. R. Sen Advs.

JUDGMENT :

Krishna Rao, J.

1. The present suit has been filed by the Plaintiff being CS No. 11 of 2020 praying for a Decree of US $66414.30 or its equivalent Indian Rupee on the date of payment and/or realization.

2. The defendant has approached the plaintiff company for supply of various kinds and qualities of tea packing paper board boxes by two purchase orders dated 21st December, 2017 and 15th March, 2018.

3. Pursuant to the said orders and in terms of the purchases made by the defendant, the plaintiff got the said boxes manufactured and shipped the goods in two consignments from Kolkata port and delivered the order to Emirates NBD Bank, Mamazer Branch, U.A.E., being the banker of the defendant by vessels SSL Chennai U-88 and SSL Kolkata U-32 respectively. The plaintiff had thereafter sent the required documents for shipment through United Bank of India, 16, Old Court House Street, Kolkata – 700001 to the Banker of the defendant, Emirates NBD Bank, Mamazer Branch, U.A.E.. The list of such documents sent are mentioned herein below:-

    “ Shipment No. 1

(i) Packing list duly endorsed by the Collector of Customs, Kolkata

(ii) Invoice No. 012669 dated 22nd March, 2018

(iii) Export Declaration

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