VIKRAMAJIT SEN, J.

( 1 ) THE facts which are relevant for deciding this suit do not create controversy, save firstly from the factum and then of the date on which payment against the subject Letter of Credit was made over by Defendant No. 3 (Lakshmi Commercial Bank Limited) to Defendant No. 9 ( The Manufacturer Hanover Trust Company, Singapore ).

( 2 ) AN Agreement for the import of Brass Scrap was signed between the Plaintiffs and Defendants No. 1 and 2 on 20. 7. 1979 (which is Exhibit P12 and Exhibit Ex DW2/1) and reads thus:-

"m/s. Interads (Export Division), singapore, 20. 9. 79 4/24, Asaf Ali Road, new DELHI

CONTRACT NO. PE/51/79we hereby confirm having purchased from/sold you the following goods in accordance with all the provisions hereof. Please return the duplicate copy of this contract duly signed and stamped by you in confirmation.

CONDITIONS: (1 ). Delivery subject to delay due to Force Majeure clause, Fire, War, Strike, Lock-out and Machinery breakdown.

(2 ). In case delivery of goods not taken at the appointed day, Sellers have the option to cancel the order or sell the goods in the open market or by auction. Any difference, in price to be paid by buyer.

SHIPPING INSTRU

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