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M.B.SHAH, RAJYALAKSHMI RAO
Pearl Syntex Pvt. Ltd. – Appellant
Versus
KLM Cargo – Respondent


Counsel for the Parties:
For the Complainant in Original Petition No. 217/97:Mr. Vikramjit Reen, Advocate.
Original Petition No. 47/1998:Mr. Vineet Malhotra, Advocate.
Original Petition No. 296/1998:Mr. J.R. Midha, Advocate with Mr. Neeraj Singh and Mr. Vaibhav Mehta, Advocates.
For the Opposite Party No. 2 (State Bank of India) in O.P. No. 217/97: NEMO
For the K.L.M. Cargo (O.P. No. 1 in O.P. No. 217/97, O.P. No. 3 in O.P. No. 47/98 & O.P. No. 2 in O.P. No. 296/98 Opposite Parties):Ms. Yogita and Mr. Rakesh Agarwal, Advocates.
For the Nat West Bank (O.P. No. 1 O.P. No. 217/97, O.P. No. 2 in O.P. No. 47/98 & O.P. No. 4 in O.P. No. 296/98):Ms. K.S. Devi and Mr. Dinesh Sabharwal, Advocates.
For FM Mir Jewellers (Opp. Party No. 4 in O.P. No. 217/97 & O.P. No. 5 in O.P. No. 296/98: NEMO
For the Service Air (Handling Agents for KLM at Birmingham Airport) O.P. No. 4 in O.P. No. 47/98:Mr. O.P. Popli, Advocate.
For the Vysya Bank Ltd. (O.P. No. 5 in O.P. No. 47/98 and O.P. No. 3 in O.P. No. 296/98):Mr. Vijay Kumar, Advocate.
For the United India Insurance Co. Ltd. (O.P. No. 1 in O.P. No. 47/98:Mr. R. Narayanan, Advocate.
For the Oriental Insurance Co. Ltd. (O.P. No. 1 in O.P. No. 296/98):Mr. Vishnu Mehra and Ms. Sakshi Mittal, Advocates.

ORDER

M.B. Shah, President—These three complaints are of similar nature, cause of action is the same, there is no material difference in facts as well as in evidence except the weight and value of the gold jewellery that was exported, the dates of invoices and their dispatch; In short, the Complainants have sold gold jewellery to M/s. F. M. Mir Jewellers, a partnership firm of the United Kingdom, as one of the partners of the firm came to India and agreed to purchase the same. Consignor was the Complainant, consignee was M/s. National Westminister Bank (hereinafter referred to the Bank), and notified party was M/s. F.M Mir Jewellers. The said gold articles were dispatched through the Carrier, M/s. KLM Royal Dutch Airlines (hereinafter called the KLM). Thereafter, the goods were delivered, without verification of the required documents, within minutes of customs clearance, by the agent or employees of the KLM, on the basis of so called fax message. That was a fraud committed by some persons against whom prosecution was launched in the Crown Court of Northampton, the United Kingdom, and some of them were convicted. The aforesaid complaints are filed for recovery of the amount of loss



















































































































































































































































































































































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