T T LIMITED Vs. SONALI BANK

JUDGEMENT

(1.) This is a suit filed by the plaintiff for recovery of US $ 42,371.15.

(2.) Briefly the facts are that on 18.1.1996, an order was placed on the plaintiff by one M/s. In Trading & Company, Dhaka, Bangladesh in the name of defendant No. 2 for exporting to Bangladesh the goods described as "Cotton Combed Yarn on Autocone". A letter of credit for US $ 40,680/- was advised on 24.1.1996 through State Bank of India, Overseas Branch, New Delhi. As per the terms of the Letter of Credit, the goods were shipped to defendant No.2. An authorised representative of defendant No.2, M/s. Sincere Export conducted pre-shipment inspection of the consignments and confirmed that the merchandise had been shipped strictly as per specifications/quality/quantity and other terms as per the terms of Letter of Credit dated 18.1.1996. Vide letters dated 12.2.1996 and 13.2.1996, plaintiff advised the defendant No.3 that the consignments had been properly shipped to defendant No.2 and the same were delivered to the authorities at Land Customs Station, Benapole, Bangladesh as per the terms of the Letter of Credit. Thereafter, the export documents under the terms of Letter of Credit were sent to defendant No.1 for reimbursement on 3.4.1996 by the bank of plaintiff. Vide letter dated 6.4.1996, the plaintiff requested defendant No.2 to accept the documents and to send the payment by due date. But the defendants No.1 and 2 have failed to make the payment in spite of repeated requests and reminders. Even the defendant No.1 returned the documents without assigning any reason and declined to make the payment of the goods exported by the plaintiff, vide another letter dated 3.3.1997, the bank of the plaintiff again requested the defendant No.1 to remit the payment together with interest. Vide letter dated 17.3.1997, defendant No.1 informed the plaintiff and the bank of the plaintiff that defendant No.2 had not accepted the documents as they were discrepent and had not cleared the goods from the customs. Vide letter dated 3.6.1997, the forwarding agents M/s. Abdul Haque & Sons informed the plaintiff that goods worth US $ 27,000/- had been burnt into ashes while lying at the place of stores at Mongla Port Authority at the time of accidental fire at godown which occurred on 18.3.1996 and the goods worth US $ 13,680/- had been delivered by them to defendant No.2 on 9.4.1996. Thereafter, the defendant No.1 on 12.9.1997 made the payment of US $ 13,595/- against the export documents for the value of US $ 13,680/- thereby making a short ayment of US $ 85/-. Hence the present suit.

(3.) Summons of the suit were issued to the defendants and they were served. Since the defendant No.1 having been served did not file the written statement within the stipulated time, the written statement was ordered to be taken on record subject to payment of Rs.500/- as costs. However, later on none appeared on behalf of the defendants. The defendants were proceeded ex parte and the plaintiff was allowed to lead ex parte evidence by way of affidavits.