SOUBHIK EXPORTS LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application is directed against the action of the respondents in not allowing the petitioner to complete export of 3678 metric tonnes of red whole lentils to Bangladesh.

(2.) The facts giving rise to the writ application are briefly as follows : On or about 20th April, 2006 to petitioner entered into an agreement with one M/s. Mazumdar Enterprises of Jesore Bangladesh for supply of 16000 metric tonnes of red whole lentils (10% plus/minues) at the rate of 550 US $ per metric tonne. The said 16000 metric tonnes of lentils were to be supplied within 180 days from the date of the agreement and as per the foreign buyer's requisition placed from time to time.

(3.) Pursuant to the aforesaid contract the foreign buyer opened an irrevocable Letter of Credit No. 044306010061 dated 30th may, 2006 to cover the price of 700 metric tonnes of red whole lentils. The Letter of Credit was amended on 12th June, 2006 to cover 1165 metric tonnes instead of 700 metric tonnes and again on 22nd June, 2006 to cover 5165 metric tonnes of red whole lentils. The letter of credit according to the petitioner is valid till 27th August, 2006.