CHEMIFINE Vs. A.F.BURI TRADING GMBH

JUDGEMENT

(1.) APPELLANTS are the original plaintiffs is Suit No.962 of 1992, which they have filed claiming injunction that respondent No.2- State Bank of India should not make payment under or in respect of Letter of Credit established by the appellants-plaintiffs.

(2.) THE appellants-plaintiffs made an application bearing Notice of Motion No.757 of 1992 claiming ad-interim and interim reliefs in consonance with the main relief of the Suit. However, the learned Single Judge proceeded to dismiss the application and refused the reliefs claimed. Hence, this Appeal.

(3.) THE dispute pertains to the importation of the goods which the appellants-plaintiffs proposed to import. The goods were of a specific specification which the appellants-plaintiffs had agreed to import. However, it so transpired that the foreign suppliers supplied the goods which were not of the specification agreed to be supplied to the appellant-plaintiffs. When the appellants-plaintiffs came to know the discrepancy with regard to the goods supplied and which they had agreed to import, immediately they brought it to the notice of their foreign suppliers as also to their Bankers.