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2010 Supreme(Mad) 3429

ARUNA JAGADEESAN
Nippon Impex Corporation, Granite Exporters by its Proprietor R. Vijayarahavan – Appellant
Versus
Nestor Granite Handel GmbH & Co. by its Partners – Respondent


Advocates Appeared:
For the Petitioner:R. Thiagarajan , R. Krishnaswami for Srinath Sridevan, Advocates.
For the Respondents:R. Krishnaswami, SC for Srinath Sridevan R. Thiagarajan, Advocates.

Judgment :-

1. CS.No.1846/1993 is filed for a Judgement and Decree, (a) directing the Defendants 1 to 3 to jointly and severally pay the second Plaintiff (Transferee/Assignee of the first Plaintiff) 29,713.75 US Dollars (or its equivalent in Indian Currency at the time of payment) being the value of 47.542 Cu.M (214 M.T.) of cut and dressed granite dimensional stones of colour "GANGA" by accepting the sale documents sent by the first Plaintiff and honouring the transferable and irrevocable Letter of Credit given by the 4th Defendant Bank No.BRE 1006 34493 dated 15.7.1993 by crediting 29713.75 US Dollars to the credit of the second Plaintiff with the 5th Defendant Bank, (b) for permanent injunction restraining the Defendants 1 to 3 from in any way taking delivery of the cut and dressed granite dimensional stones of colour "GANGA" covered by Invoice No.006 dated 9.11.1993 without accepting the sale documents sent by the first Plaintiff and without paying the amount covered under the transferable and irrevocable Letter of Credit given by the 4th Defendant Bank No.BRE 1006 34493 dated 15.7.1993 viz. 29713.75 US Dollars (or its equivalent in Indian Currency at the time of payment) by cre


















































































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