PUNJAB STATE ELECTRICITY BOARD Vs. CHARANJIT SINGH

JUDGEMENT

(1.) It is the case of the complainant, namely, M/s. G.R. Pharma Exporters and Importers (respondent No. 1 herein) that it received orders for export of 16 cartons of pharmaceutical products from M/s. Anjonag Global Corporation, Cotonou, People's Republic of Benin, West Africa, along with a pay order dated 14.10.1996 for US $ 25,000 equivalent to Indian Rs. 8,92,000, drawn on Metcalf State Bank, Overland Park, K.S. It deposited the pay order in their current account No. 41272 with the ICICI Bank Ltd., (respondent No. 2 herein, opposite party No. 1 before the State Commission) which, at the relevant time, was Bank of Madura Ltd., (hereinafter referred to as the Bank), i.e. on 8.11.1996. Undisputedly, the goods were shipped to the buyer through M/s. DHL Worldwide Express (appellant) - Carrier (hereinafter referred to as the DHL) with specific instruction to deliver the consignment to the party on hearing confirmation from the complainant.

(2.) On 16.11.1996 the Bank (Bank of Madura Ltd., at the relevant time) gave credit to the complainant's account of a sum of Rs. 8,92,000 and issued a Certificate of Foreign Inward Remittance. The Bank also deducted Rs. 2,830 under three heads, namely, charges Rs. 2,230, DHL Rs. 100 and Telex Rs. 500. The balance in the complainant's account with the Bank was shown at Rs. 8,89,170.

(3.) On the same date, i.e. on 16.11.1996 the complainant sent a communication to the DHL to the following effect : "We have received confirmation of payment from our bankers. Thus, we confirm to hand over the goods to the party concerned immediately.