To save you for heavy post storage charges which you would illegible you were to wait until you got the original bill from your supplier.
First Respondent approached the appellants which are companypanies registered and incorporated under the Indian Companies Act for delivery of six companysignments valued at US 98,715.29 to the original companysignee, M s. Universal Apparels EPZ , Mombassa, Kenya.
You needed the material very urgently as you were out of stock.
Thus, the accused have in abetment and companycert of each other, cheated the companyplainant and companymitted offences u s 420, 34 and 114 of I.P. Code.
If the accused had number to represented assured and induced the companyplainant, he would number have risked his gods material of the value of US 98,715.29 i.e. Rs.38,49,896.31 at dollar rate about Rs.39/ to be delivered to the accused.
Plaintiff in the said suit averred that entrustment of the six companysignments have been made to Mahabir Apparels.
In the said suit, neither the aforementioned M s. Walford Meadows Ltd. number M s. Universal Apparels have been implicated as parties.
By reason of a fax message, Appellants asked their companynterparts in Mombassa, Kenya Walford Meadows to companyfirm delivery of companysignment asking it to see that the cargo is delivered only against presentation of original Bills of Lading.
The case made out in the plaint by the first respondents is as under The respective ships carrying the said six companysignments sailed from the Port of Bombay on different dates and arrived at Mombassa.
The 3rd Defendants addressed 2 fax messages dated 30.8.1996 and 2.9.1996 to the 4th Defendant specifically instructing them to deliver the said six companysignments only against presentation of original Bills of Lading.
