( 1 ) IN response to the Order XXXVII suit, filed by the plaintiff, the leave to defend by way of an affidavit on behalf of defendant No. 2 has been filed on 23. 3. 1998.

( 2 ) THE plaintiff s case is that the contracted goods were supplied to the defendants on 3. 1. 1996 and shipped by the defendants to its eventual destination in Moscow as per the Bill of Lading dated 22. 1. 1996. The defendants had deposited a sum of Rs. 3,00,000. 00 by bank draft and post dated cheques for Rs. 2,00,000. 00 , Rs. 3,00,000. 00 and Rs. 3,25,000. 00. The first cheque bearing No. 769514 dated 29. 12. 1995 was cleared on 4. 1. 1996 and at the request of the defendant No. 1/firm, the plaintiff delivered the goods through a clearing Agent. Thereafter there was some dispute regarding export documents and on 8th February, 1996, the defendants informed the plaintiff that they have instructed their bank to stop the payment of the remaining post dated cheques without the obtaining of export documents.

( 3 ) THE plaintiff s case is that there was no mention in the contract or any other document about any obligation on the part of the plaintiff to supply any export documents to the defendants