REVA KHETRAPAL, J.

1. The aforementioned suit has been filed by the Plaintiff as sole proprietor of M/s. Jain International, engaged in the business of manufacture and export of garments, for the recovery of the value of goods exported by him from the Defendant to whom the goods were entrusted for shipment.

2. The facts relevant for the decision of the suit are that one of the buyers of the Plaintiff, namely, ITTIERRE SPA, ZONA INDUSTRIALE, 86090 PETTORANELLO DI MOLISE (ISERNIA) ITALY, a Company based in Italy, placed orders upon the Plaintiff for Embroidered Ladies Readymade garments. Pursuant to the same, the said buyer opened a Letter of Credit in favour of the Plaintiff, being L/C No. 411831195757 dated 18.11.2008 for a total value of Euro 407,201.25 (Euro Four Hundred and Seven Thousand Two Hundred and One and Twenty Five Centimes), against which export shipments to the tune of Euro 110682.21 of which the Rupee equivalent was approximately 73 Lacs were effected.

3. It was a condition of the Letter of Credit that the Plaintiff had to book the goods for carriage only through the Defendant which was the nominated Freight Agency through which the goods were to be transpor