TMI Blog2012 (1) TMI 392X X X X Extracts X X X X X X X X Extracts X X X X ..... ex-parte evidence led at the trial. 2. We therefore commence our journey by noting the relevant averment in the plaint. They are to be found in paragraphs 3 to 7 of the plaint, which we shall be soon reproducing, but before that would highlight that the respondent 'Shree Acids Chemicals Ltd.' was the plaintiff and the appellants were the defendants in the suit. The two appellants are: 'M/s.Eloff Hansson (India) Pvt. Ltd.' impleaded as defendant No. 1 and 'M/s.Eloff Hansson Abforsta Sweden' impleaded as defendant No. 2. Paragraphs 3 to 7 of the plaint read as under:- 3. The defendant No. 1 is a Private Limited Company and has its registered office at 907, Vikram Towers, 16, Rajendra Place, New Delhi 110008. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arrived at Mumbai on or about 15th April 1997. The goods were got cleared by the plaintiff company after payment of requisite custom duties and other charges amounting to ₹ 54,824/- (Rupees Fifty four thousand eight hundred twenty four only) and ₹ 1,37,600/- (Rupees One Lakh Thirty Seven thousand Six hundred only) respectively. However, when the goods were decontainerized and were loaded in the trucks, it was revealed that the mixed waste was bad. It contained high percentage of moisture. Out of the total goods received, 56.220 MT was sent by the plaintiff company to the factory of M/s.Shree Industries Limited, situated at Ahmedabad Kandla Highway, Village Rajoda, Bavla, Ahmedabad, Gujrat and rest of the material was transported ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... graphs of the plaint would reveal that qua defendant No. 1 it was pleaded in the plaint that it is a private limited company incorporated in India and was the wholly owned subsidiary company of defendant No. 2, registered in Sweden. It is further pleaded against defendant No. 1 that it represented that 300 MT of mixed waste could be supplied against Letter of Credit to be opened in the name of M/s. Espee Trading Corporation, 1359, Broadways, USA and that, as pleaded in paragraph 5, the plaintiff placed an order for 100 MT mixed waste and opened an LC in favour of M/s.Espee Trading Corporation. It is further pleaded that the goods supplied were defective. 4. The only averment qua defendant No. 2 is that it is the holding company of defend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be sued. 7. The pleadings in the plaint would reveal that vis-a-vis defendant No. 1 it has specifically been pleaded by the plaintiff that at the instance of defendant No. 1 the plaintiff agreed to import goods to be exported from USA by M/s.Espee Trading Corporation on whom the Letter of Credit was to be opened and was opened. Though not pleaded in the plaint as to what was the role of defendant No. 1, it is apparent from the pleadings that the case of the plaintiff was that defendant No. 1 was acting on behalf of M/s.Espee Trading Corporation i.e. was the agent of M/s.Espee Trading Corporation. The plaint would reveal that the transaction between the plaintiff and M/s.Espee Trading Corporation was on principal-to-principal basis. It i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rk Avenue, New York, NY 10172 USA. L/C SHOULD INDICATE FOLLOWING SPECIFIC CLAUSE DRAFTS DRAWN ON NEGOTIATING BANK IN NEW YORK ACCEPTABLE AND L/C MUST AUTHORISE THE NEGOTIATING BANK TO CLAIM REIMBURSEMENT ON DUE DATE BY DEBITING THEIR ACCOUNT MAINTAINED WITH THEM (OR) OTHER BANK IN NEW YORK. Beneficiary: M/s.Espee Trading Corpn. 1359 Broadway Suit No. 2210, NY 1100 18, New York USA. LC to permit: Part shipment Transhipment. LC validity: LC should be void for 60 days for shipment from L/C opening date and 25 days from B/L date for negotiation. Validity: This contract is valid for establishing L/C on or before 20th Jan. 97. Kindly establish the L/C at your earliest and let's have the particulars per return. Wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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