MMTC LIMITED Vs. LEGEND HOLDING PVT.LTD

JUDGEMENT

(1.) REQUEST made to adjourn the matter due to nonavailability of senior counsel is declined inasmuch as we are told that the senior counsel is abroad. On 13.7.2011 the matter was adjourned for today on account of adjournment slip circulated and the appellant ought to have ensured presence by a learned senior counsel if it desired arguments to be advanced by a senior counsel.

(2.) REQUEST for adjournment being declined, matter has been heard.

(3.) ON 23.11.1995 appellant MMTC entered into a contract with M/s.National Food Authority of Philippines (for short NFA) pertaining to supply of 75,000 MTs of Non Basmati Super Fine White Rice and in turn MMTC entered into a back to back contract with Legend Holding Pvt. Ltd. which obliged Legend Holding Pvt. Ltd. to supply the rice in question by delivering the same at Philippines.