J.M. Malik, Presiding Member—The Original Petition pertains to the year 1995. It is being decided after it was remanded back to this Commission by order passed by the Hon’ble Apex Court. The long and short of the Complainant’s case is this. M/s. Sun Pharmaceutical Industries, formerly known as M/s. Gujarat Lyka Organics Limited, Complainant in this case, transacts the business of production and sale of life saving drugs and is having global market. The Complainant entered into a contract with one, Condea Chemical Trading Company, Hong Kong for sale of two M.T. Cephalexin Monohydrate BP/USP at US $ 140 per kg. The buyer agreed to pay the price by means of a Letter of Credit (90 days sight), which was opened on 30.09.1994 by the Hong Kong and Shanghai Banking Corporation Limited (to be referred as ‘HSBC’, now onwards), Hong Kong, in favour of the Complainant. It was also agreed as per Letter of Credit that the said goods must be forwarded to the Consignee, through the Managing Director, Exfin Shipping (India Private Limited), OP1 and one of the documents to be negotiated under the said Letter of Credit was the Airway Bill to be issued by OP1. As per the terms of the Letter of Cr