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1987 Supreme(Del) 435

JAGDISH CHANDRA
U. K. PAINTS PRIVATE LIMITED – Appellant
Versus
ORIENTAL BANK OF COMMERCE – Respondent


Advocates Appeared:
C.R.SOMA SEKHARAN, R.S.Sharma, Rajiv Sawhney

JAGDISH CHANDRA

( 1 ) THIS is an application of the plantiff U. K. Paints (India) Pvt. Ltd. New Delhi against defendant No. 1 Oriental Bank of Commerce (A Govt. of India Undertaking ). Nehru Place New Delhi under Order 39 Rules 1 and 2 of the Code of Civil Procedure seeking to restrain the letter from appropriating any of the present or future credit balances in any of the plaintiff s account with defendant No. 1 towards the retirement of the documents received against the latter of credit No. NP/urd/ilc/86/l62 dated 11-9-1986 opened by the plaintiff with defendant No. 1, as also restraining defendant no. 1 from appropriating/utlising or otherwise admsting the sum of Rs. 40 lacs deposited by the plaintiff with defendant no. 1 and held under Fixed Deposit Receipt No. 476/86 dated 11-9-1986.

( 2 ) DEFENDANT No. 2 Drechat Chemic B. v. Spuiweg 74. 3311 G. V. Dordrecht, Holland is the foreign seller havine defendant No. 4 Vijay Dyes and Chemicals, Bombay as its agent in India. Defendant No. 2 is a Dutch Trading Coinpany carrying on the business in the whole-sale export of chemicals including Titanium Dioxide, pharmaceuticals from Holland. Defendant No 3 is a Dutch Bank through whom defen

























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