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1994 (7) TMI 87 - SC - CustomsWhether the appellant should at all be permitted to enforce indemnity given by the intending exporters? Held that:- The question as to the applicability of the indemnity clause in the contract between the Indian suppliers and the appellant to claims by the foreign buyers against the appellant was not specifically raised before the high Court and the High Court has not dealt with the said question. We, therefore, do not propose to go into the same and we leave it to the parties to raise it in appropriate proceedings in the event of such a contingency arising on account of the appellant being found liable for damages to the foreign buyers and the appellant claiming reimbursement from the Indian suppliers for the loss sustained by it on account of such claim for damages on the basis of the indemnity clause contained in the contract between the Indian suppliers and the appellant.
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