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2014 Supreme(Del) 194

MUKTA GUPTA
Standard Chartered Bank (China) Limited Shenzhen Branch – Appellant
Versus
State Bank of Patiala – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Mr. Ajay Monga, Mr. Ateev K. Mathur and Mr. Devmani Bansal, Advocates
For Respondents/Defendant:Mr. V. Shankara, Advocate for Defendant No. 1, Mr. R.K. Sanghi and Ms. Parul Singh, Advocates for Defendant No. 2

JUDGMENT

Mukta Gupta, J.

1. By these applications Defendant Nos. 1 and 2 seek leave to defend the suit filed by the Plaintiff under Order XXXVIICPC for recovery of USD 180921.35 equivalent to Rs. 83,26,000/- along with pendent lite and future interest till actual realization. The Plaintiff is a company incorporated under the laws of China and is having one of its office at Shenzhen, China. Defendant No. 1 is State Bank of Patiala having its Head Office at Patiala with various branches including the branch at Darya Ganj, New Delhi. Defendant No. 2 is a Company registered under the Companies Act, 1956 having its registered office at 37, Netaji Subhash Marg, Darya Ganj, New Delhi-110002 and is carrying on the business of manufacturing and sale of copper tube made from copper cathode which is the raw material. Defendant No. 3 Company in Hongkong entered into an agreement with Defendant No. 2 Company for supply of copper cathodes. At the instance of Defendant No. 2, Defendant No. 1 issued irrevocable Standby Letter of Credit (in short 'SBLC') in favour of Plaintiff bank, the beneficiary in order to extend General Banking Facility to Defendant No. 3 at Shenzhen, China. Thereafter, the SBLC














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