K.S.GUPTA
VIJ SALES CORPORATION – Appellant
Versus
LUFTHANSA, GERMAN AIRLINES – Respondent
( 1 ) PLAINTIFF filed this suit, inter alia, alleging that it is a partnership concern carrying on business of export of ready-made garments. Subhash Chander Vij, being one of its partners is competent to institute the suit and sign and verify the plaint on behalf of the firm. Plaintiff through its agent M/s. Continental Carriers, New Delhi, on 31st July, 1976 delivered a consignment of ready-made garments of the value of Rs. 1,48,200. 00 to the Defendant for carriage to London and Airway bill No. . 220-5673 9174 dated 31st July, 1976 was accordingly issued by the Defendant. On 3rd August, 1976 the Plaintiff handed over documents as noted in para 4 of the plaint to State Bank of India, Foreign Exchange Department, New Delhi for collection of the amount through is counterpart State Bank of India, London, UK from M/s. R. K. Fashion Ltd. , to whom the said consignment was to be delivered. On 6th August, 1976 the State Bank of India, Foreign Exchange Department, New Delhi branch sent the documents to State Bank of India, South Hall branch, Middlesex, UK for handing them over to M/s. R. K. Fashion Ltd. against payment. State Bank of India, UK branch sent a number of re
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