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2006 Supreme(Mad) 2621

P.K.MISRA
Village Connection – Appellant
Versus
Prakash Transport – Respondent


Advocates appeared:
P. Subba Reddy, for Appellant; P. Raj Mohan, for Respondent.

Judgement

P. K. MISRA, J. :- These three appeals have been filed by the plaintiff against the common order passed by the learned single Judge arising out of C.S. Nos. 526 of 1997, 386 and 402 of 1998. The present respondent was the defendant No. 2 in C.S. No. 526 of 1997 and Defendant No. 1 in C.S. Nos. 386 and 402 of 1998. The suits were filed claiming different amounts from the defendants 1 to 4 jointly and severally.

2. The basic allegations in the plaint in each case were to the effect that the plaintiff is an exporter of cotton fabrics and was having regular transaction with third defendant organisation based in Kathmandu, Nepal. The plaintiff was making supply of various cotton fabrics. Consignments were made to the third defendant under separate invoices as per the terms of the contract. The first and second defendants, who are the transporters, are supposed to deliver the goods to the third defendant only after the third defendant makes the payment to the fourth defendant bank, by whom the Letter of Credit had been opened. It is further alleged that it is the responsibility of the defendants 1 and 2 not to handover the consignments to the third defendant without verifying th















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