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B.K.TAIMNI, S.N.KAPOOR
Agarwal Enterprises – Appellant
Versus
Maersks India Ltd. and Others – Respondent


Counsel for the Parties:
For the Complainant:Mr. A.K. Agarwal and Ms. Suruti Chandraa, Advocates.
For the O P No.1:Mr. J.S. Lamba, Advocate.
For the O P Nos. 2 to 6: Nemo.

ORDER

S.N. Kapoor, Presiding Member—The abovenamed complainant has filed this complaint claiming compensation amounting to Rs.24,48,160 for the loss suffered due to wrong delivery of consignment of shoes exported by the complainant.

2. Brief facts of the case are as follows. On 4.12.97 at the instructions of Seipi International(Brussels), O.P. No.2 a Letter of Credit bearing No.9083095674 was opened by Credit General Bank, Brussels, O.P.No.3 in favour of Gold Foot Pvt. Ltd., Delhi, O.P.No.5. The said Letter of Credit contained the arrangement as to how the goods were to be shipped from India to Venezuela. As per the agreement and after acceptances of the letter of credit on 14.3.98, an order was placed by Gold Foot(Delhi) upon the complainant for manufacture and supply of 4770 pairs of shoes, valuing USD 42930. Letter of credit was to be transferred in favour of the Complainant as soon as it was to be received by the Gold Foot, New Delhi from a foreign bank. Accordingly, the Letter of Credit was transferred in the name of complainant and goods were shipped on 31.3.98 through Maersks India. The complainant sent all the requisite documents to its banker for onward transmission to the

















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