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1996 Supreme(Del) 694

S.N.KAPUR, R.C.LAHOTI
STATE TRADE CORPORATION OF INDIA LIMITED – Appellant
Versus
GOVERNMENT OF PEOPLES REPUBLIC OF BANGLADESH – Respondent


R. C. Lahoti, J.

( 1 ) THIS appeal preferred by the plaintiff/appellant is directed against an order dated 24-5-96 passed by a learned single Judge of this Court directing the release of vessel M. V. Pranburi which was ordered to be arrested and detained by an earlier ex parte order dated 9. 4. 1996.

( 2 ) THE facts in brief. The plaintiff entered into a contract dated 19-7-1995 for sale and purchase of non-Basmati Par boiled rice with the Government of Peoples Republic of Bangladesh, defendant No. 1 in the suit, whereunder the plaintiff agreed to sell to defendant No. l 50,000 MT (5%) of non-Basmati Par boiled rice of Indian origin on the terms and conditions contained in the contract. A total of 40,000 MT (approx.) of rice was supplied by the plaintiff to defendant No. 1 and duly received by the latter.

2. 1 For the balance 10,500 MT (5%), the plaintiff entered into a back-to-back contract dated 11-11-199$ with M/s Doon Valley Rice Ltd ( a duly incorporated company with the registered office at Karnal, Haryana, and also at Delhi) defendant No. 2, whereunder defendant No. 2 agreed to perform and observe all obligations of the plaintiff under the contract dated 19-7-1995 to the ext













































































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