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1980 Supreme(Del) 206

J.D.JAIN
INTERADS ADVERTISING PRIVATE LIMITED – Appellant
Versus
BENTREX AND COMPANY – Respondent


Advocates Appeared:
C.L.CHOPRA, C.L.SARIN, C.R.SOMA SEKHARAN, Indra Sawhney, S.PAPPU

J. D. JAIN, J.

( 1 ) THIS order of mine disposes of application of the plaintiff under Order 39 Rules 1, 2 and 3 read with Section 151, Code of Civil Procedure (hereinafter referred to as the Code), for grant of temporary injunction.

( 2 ) THE facts germane to the decision of this application succinctly are that in July 1979, defendant No. I M/s. Bentrix and Company which is sole proprietary concern of Man Mohan Singh, defendant No. 2 entered into a contract for sale of first grade first quality cloves (Zanzibar quality) of the value of Rs. 25,00,000. 00 at the rate of US $ 7. 950 per M. T. Candf Bombay, to be shipped from Singapore on or before 30th September, 1979. Pursuant to the said contract of sale the buyer|plaintiff established on irrevocable commercial credit from the New Bank of India Limited (a banking corporation) defendant No. 3, for a sum not exceeding atotal of US $ 60,050 on the basis of which the latter issued a letter of credit bearing No. JNP|flc|677 dated 17th August, 1979 and the same was advised to defendant No. 1 through Chase Manhatten Bank (advising bank) Singapore. Accordingly, defendant No. 1 shipped a consignment of cloves (Zanzibar quality) contained in


















































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