SELTRON(P) LLD. Vs. HOOGHLY MILLS COMPANY LTD.

JUDGEMENT

(1.) Altogether four applications, out of which three are in Suit No. [204] itself and the 4th being G.A. No. 1152/95 arising out of this suit, are. taken up for order.

(2.) The first application has been filed by the plaintiff, Seltron (P) Ltd., for restraining the defendant, Hooghly Mills Company Ltd., from proceeding with Suit No. 2056 of 1993 filed by the defendant against the plaintiff in Singapore. The second application has been taken out by the defendant, Hooghly Mills, for stay of all proceedings in the present suit. The third application has been filed by the defendant, Hooghly Mills, for vacating the order of injunction passed on 22 Feb., 1994, by this court restraining Hooghly Mills from proceeding with its suit in Singapore and for allowing Hooghly Mills to proceed with its suits. The fourth application is the application taken out by Hooghly Mills for dismissal of the instant suit filed by Seltron and vacating the order dated 22 Feb., 1994, in view of subsequent events as alleged in the said application.

(3.) On the factual background, it appears that a if contract was entered into between Seltron and Hooghly for supply of two million hessian bags as per specification @ U.S. $ 32.5 per hundred bags, total price being U.S. $ 6,50,000, cif Odessa, at 60 days D.A. basis, documents to be sent through the bankers of Seltron, being the Bank of India, Singapore Branch. It is the plaintiff's case that by fax message dated 30 Sept., 1992, the contract was modified to the extent that reshipment inspection report by an independent approved surveyor was necessary and further that the contract shall be governed by the laws of India. But this aspect of the plaintiff's case has been vehemently denied by the Hooghly Mills whose case is that the alleged modification by fax is bogus and fabricated. However Hooghly Mills insured the goods, prepaid the freight and shipped the goods on the vessel M.V. INDIAN PROS- PERITY against ten bills of lading. Thereafter, Hooghly Mills sent documents of title to the said goods together with an invoice dated 31.10.1992 for US $ 6,50,000 and a bill of exchange for the said sum through its bankers, Vysya Bank. Vysya Bank duly forwarded the said documents of title to Seltron and on 13 Jan., 1993, Seltron accepted the said bill of exchange when presented by the Bank of India, Singapore Branch, and obtained the documents of title to the said goods. On 23 March, 1993, Seltron requested Hooghly to send a certificate of origin to its Moscow office which was duly done by Hooghly on 24 March, 1993.