P.D.SHENOY, M.B.SHAH
Sun Pharmaceutical Industries – Appellant
Versus
Managing Director, Exfin Shipping (India) Pvt. Ltd. – Respondent
M.B. Shah, President—None appears for the Opposite Parties.
2. It is the say of the complainant M/s Sun Pharmaceuticals Industries (formerly M/s Gujarat Lyka Organics Ltd.), which has merged with M/s Sun Pharmaceuticals Industries Ltd., that it deals in the production and sale of life saving drugs, such as, Cephalexin Monohydrate, Ampocillin Trihydrate, Amomycilin Trihydrates etc. and is having global market. On the basis of contract for sale of 2 M.T. Cephalexin Monohydrate BP/USP at US $140 per kg. entered into with one M/s Condea Chemical Trading Company, Hong Kong, the complainant has engaged the services of Opposite Party No. 1 Exfin Shipping (India) Ltd., Shipping Agent, for sending one consignment of 1000 kgs of Cephalexin Monohydrate packed in 40 fibre drums from Bombay to Foshan in China. Opposite Party No. 1, acting as an agent of Opposite Party No. 2 issued airway bill dated 21st October, 1994, in the same name of Opposite Part No. 2. Opposite parties No. 1 and 2 were to deliver the consignment to the ultimate consignee in Foshan against the production of original documents routed through the Bank. It is pointed out that the freight charges for the goods were pre-
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