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S.SAGHIR AHMAD, S.RAJENDRA BABU
CORPORATION BANK – Appellant
Versus
NAVIN J. SHAH – Respondent


Counsel for the Parties :
Mr. C.S. Vaidyanathan, Additional Solicitor General, Mr. K.N. Bhat, Mr. R. Mohan, Mr. S.B. Sanyal, Mr. Dushyant Dave, Mr. Joseph Vellapally, Sr. Ads. with Mr. N.P.S. Pawar, Mr. S.N. Bhat, Mr. L. Nageswara Rao, Mr. Roy Abraham, Mr. M.M. Kashyap, Mr. Dileep Pillai, Mr. V.G. Pragasam, Mr. B.K. Satija, Mr. A.N. Dawn, Mr. O.P. Gaggar, Mr. Sudhir Gopi, Ms. Baby Krishnan and Ms. Parvathy Gopinathan, Advocates.

JUDGMENT

S. Rajendra Babu, J.—The respondent before us filed a petition before the National Consumer Disputes Redressal Commission [hereinafter referred to as ‘the Commission’] to claim that the respondent has been exporting tea to Sudan from 1970 till 1982. The respondent had effected exports of 13 consignments of tea to M/s. Sudan Tea Company, Khartoum, Sudan during the period between December 11, 1980 and March 2, 1981. The respondent who had credit facilities with the appellants entrusted the documents relating to export of tea for the purpose of realising the proceeds thereof from the consignee. The appellants issued advice of purchase of bills to the respondent in respect of the goods covered by several invoices. The appellants negotiated the documents relating to the exports effected by the respondent through M/s. E.L. Nilein Bank, Khartoum, Sudan [hereinafter referred to as ‘the foreign Bank’]. The respondent claimed that he did not ask the appellants to negotiate the export documents through any particular Bank in Sudan but the appellants on their own appointed the foreign Bank, for realising the export proceeds from the consignee; that the appellants had not at any time co


































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