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2004 Supreme(Mad) 590

K.GNANAPRAKASAM
Govindaraja Mills Ltd. , rep. by its Director – Appellant
Versus
Banque de Commerce et de Placements – Respondent


Advocates Appeared:
For the Petitioner:Srinath Sridevan, Advocate.
For the Respondents:R1 & R3 - V. Raghavachari, R2 - N.V.S. Associates, Advocates.

Judgment :-

1. Civil Revision Petition is directed against the order dated 28.10.2002 passed in I.A. No. 246/2001 in C.M.A. No. 36 of 1999 on the file of Principal District Court at Srivilliputhur.

2. The Revision Petitioner is the plaintiff, who had engaged in the manufacture of various counts of yarn. The first defendant is a company incorporated in London and engaged in the business of sale of cotton and the second defendant is a Banking Institution. The Plaintiff placed orders with the first defendant for supply 530 tonnes of CIS UZBEK original cotton with an assured 50% span length of 13 mm and trash content not exceeding 15%. Based upon such contract, the plaintiff opened three Letters of Credit in the second defendant, viz., Canara Bank (the Letters of Credit are dated 23.10.98, 23.10.98 and 6.11.98) for the value of the cotton. The first defendant failed to supply cotton as per order. But it supplied useless, trashy and waste cotton and not complying with the terms of contract and thereby played fraud on the plaintiff. The first defendant offered to settle the issue but has not done so. The plaintiff gave a fax message to the first defendant on 13.2.1999 calling upon them no






















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