S. RAVINDRA BHAT, J.

Facts:

1. In this appeal, an unsuccessful plaintiff impugns the judgment and order of a learned Single judge of this Court, dismissing its suit for recovery of money from the first respondent (hereafter called “the defendant Bank”).

2. The Plaintiff is a public limited Company constituted under the Companies Act, 1956. It owns 100% export oriented spinning mills and carries on the business of manufacturing, trading, exporting hosiery, yarn, fabric and textiles. The respondent Bank is incorporated in Pakistan having its branches in Pakistan as well as Bangladesh. The second respondent (hereafter “the buyer”), on the other hand, is a company incorporated in Bangladesh and carries on the business of importing and exporting garments, yarn, etc. The third respondent was a sole proprietorship/partnership concern which was appointed as the Indenting agent, by the Plaintiff, for hosiery products in Bangladesh. The Plaintiff and the third Respondent had agreed that business procured by the latter would be on the basis of terms and conditions intimated by the Plaintiff from time to time.

3. On 02.11.1994, by Indent No. 23/TTL-33/94, an order was placed on the