SHAKUMBHRI EXPORTS Vs. LEIGH HOEGH AND CO

JUDGEMENT

(1.) THE complainant, M/s. Shakumbhri Exports is an exporter of handloom and handicraft goods from India to several countries. In course of its business, the firm received purchase order from opposite party (OP) no. 3 (M/s. Hayim and Co.) in September 1994 for the sale and supply of 100% cotton handloom durries and 100% cotton handloom Chindi durries and floor coverings, all coloured and woven (in short, the goods ).

(2.) THE complainant sent the requisite goods to OP no. 3, the purchaser, against the documents drawn by its Bank in favour of the Lasalle National Bank, International Banking Division, Chicago, USA, which was nominated as the consignee and the collecting Bank acting on behalf of OP no. 3. The consigned goods were to be delivered against documents, which were to be released by the Lasalle Bank, only on payment being made to the said Bank by OP no. 3. The freight was payable at the destination by OP no. 3 and the goods were to be sent by sea.

(3.) THE goods were sent by a vessel owned/controlled by OP no. 1, M/s. Leigh Hoegh and Co. It is pointed out that the relevant consignments were dispatched against the following invoices and bills of lading: <FRM>SAURAS0_54_NCDRC_2008.HTM</FRM>