PHARM CHEM Vs. SHANDONG MINMENTALS CO LTD

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the Trial Court dated 7.3.2006 by which the trial court has dismissed the suit filed by the appellant/plaintiff for recovery of Rs. 10,60,346/- alongwith interest.

(2.) The facts of the case are that the appellant/plaintiff is the buyer of goods. The goods in question is a pharmaceutical chemical namely Erythromycin Thiocyanate. The defendant no.1 was the seller of the goods and being a resident of China, acted through the defendant no.2, who is the agent of defendant no.1.

(3.) When the suit was filed, the appellant/plaintiff had claimed injunction against restraint of payment under the Letter of Credit, which though was not granted but subsequently vide order dated 11.2004 passed by this Court, the respondent no.3/defendant no.3/bank was directed to keep an amount of Rs. 10,60,346/- in an FDR inasmuch as this amount was not paid by the defendant no.3 to the defendant no.1 under the subject Letter of Credit dated 18.11.200 It is this amount which the appellant/plaintiff claims from the defendants in the suit.