B.L.ANAND, AVTAR PENNATHUR, R.N.MITTAL
B. P. JAIN – Appellant
Versus
SUBHASH CHADHA – Respondent
Mr. Justice R.N. Mittal, President—Briefly the case of the complainant is that he is carrying on the business of silk and cotton fabrics and madeups in the name of style of M/s The Choice Exports. He, on the basis of an export order, exported natural silk fabrics to M/s London Textiles and Fibres, PB 52589 Houston, TX, USA under Airway Bill No. 214-1188-5020 dated 30.12.85 for a sum of Rs. 1,99,999/equivalent to US $ 15,800/-. The consignee did not take the delivery of the documents as well as of goods.
2. The respondent Shri Subhash Chadha came to know about the fate of the goods and he approached the complainant for purchase of the said consignment lying at Houston, USA. He agreed to purchase the same. The complainant obtained the permission of Reserve Bank of India and requested his bankers to effect the necessary change in favour of the respondent. His banker after obtained instructions of the respondent sent the documents to the banker of the respondent; namely First Investor Co., 10 Wall Street, New York, USA with the direction to hand over the documents against payment to the respondent.
3. It is alleged that the complainant received a letter dated 27.12.86 addressed by t
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