BHUVANESWARI Vs. SWARIZ TOWRAJ

JUDGEMENT

(1.) This Suit has been filed, seeking the following reliefs:

(2.) The Plaintiff has entered into a Sales Contract with the Third Defendant on 28/8/2008 and as per the Sales Contract, the Plaintiff agreed to purchase Salt Washery Plant manufactured by the Third Defendant for a total Sales consideration of Euro.3,70,000/-. As per the Sales Contract, the Plaintiff paid 20% as Advance to the Third Defendant by way of Bank transfer and for the balance 80%, the Plaintiff committed to open a Letter of Credit as per the terms and conditions of the Sales Contract, dtd. 28/8/2008. In the Sales Contract, dtd. 28/8/2008, the Third Defendant had to conduct certain performance test runs. The Third Defendant was also obligated to provide a Performance Bank Guarantee in favour of the Plaintiff.

(3.) As per the terms of the Sales Contract, dtd. 28/8/2008, the Plaintiff on 12/9/2008 approached the First Defendant and sought for a Letter of Credit. The Third Defendant has also provided a Draft Performance Bank Guarantee obtained from the Third Defendant's Banker on 8/9/2008.