( 1 ) THIS suit for the recovery of Rs. 1,47,820. 21 p. has been brought by Mrs. Anil Kapur, who claims that she is doing business of export of readymade garments, handicrafts etc. In the month of April, 1975, she received a number of orders for the export of garments from M/s. Roopali, a concern of New York (impleaded as defendent No. 4), through their agent Miss Gool Vakharia, defendant No. 5. The goods thereof valuing Rs. 1,30,604. 47 p. were despatched under 9 invoices on 25-7-1975 through the Air India, impleaded as defendant No. 1, for carriage to New York. An air waybill was issued on the booking of that consignment on behalf of the Air India by their agent S. S. Robinson, Janpath, New Delhi. The documents thereof were negotiated through Allahabad Bank to be got cleared on payment, basis. The Allahabad Bank, New Delhi in turn negotiated those documents through the Irwing Trust Co. , a bank of New York (impleaded as defendant No. 3 ). It has also been stated that defendant No. 4 who had initially agreed to open a letter of credit with regard to the value of the goods, did not, in fact, do so.

( 2 ) THE air waybill and the other documents, however, were never got c