1
Ef¢ÙÛax
¢hQ¡lf¢a ®j¡x Bnl¡g¥m L¡j¡m
Hhw
¢hQ¡lf¢a nn¡ˆ ®nMl plL¡l
¢p. l¦m ew 564(Hg Hj)/2019
¢pg¡XÑ Cä¡¢øÊS ¢m¢j−VX
h¡c£-Bf£mL¡l£
-he¡j-
¢Su¡p¤ ¢p¢VS C−pe ®L¡x ¢mx
..... ¢hh¡c£-fË¢ah¡c£
HÉ¡X−i¡−LV ®j¡x Bea¡p p¡¢jEm Bm£j
......A¡f£mL¡l£l f−r
B−cn fËc¡−el a¡¢lM x 17.09.2019
¢hQ¡lf¢a Se¡h ®j¡x Bnl¡g¥m L¡j¡mx
¢hNa Cw−lS£ 16.09.2019 a¡¢l−M pju h¢dÑa Ll−Zl SeÉ Aœ ®j¡LŸj¡¢V
L¡kÑa¡¢mL¡u B−pz pju h¢dÑa Ll−Zl fСbÑe¡ öe¡e£L¡−m Bj¡−cl ¢eLV H¢V fÐa£uj¡e qu ®k, clM¡Ù¹L¡l£ BCe J OVe¡l i¤m hÉ¡MÉ¡ L−l Hhw ¢jbÉ¡ abÉ EfÙÛ¡feL−l fËa¡lZ¡l j¡dÉ−j Aœ ¢hi¡N q−a Aœ l¦m Hhw A¿¹ha£Ñ B−cn¢V q¡¢pm L−l−R z Efl¢õ¢Ma AhÙÛ¡d£−e AcÉ Aœ ®j¡LŸj¡¢V B−c−nl ¢e¢j−š L¡kÑa¡¢mL¡u Beue Ll quz
¢hNa Cw−lS£ 22.09.2019 a¡¢l−M ¢hQ¡lf¢a j¡je¤l lqj¡e J ¢hQ¡lf¢a Bn£o
l”e c¡p pjeÄ−u N¢Wa Aœ ¢hi¡−Nl ®~àa ®h’ h¡c£ Bf£mLl£l clM¡Ù¹ öe¡e£ A−¿¹ Aœ l¦m¢V Cp¤É L−l¢Rmz k¡ A¢hLm ¢e−jÀ Ae¤¢mMe q−m¡x
“ Let a rule be issued calling upon the defendant-
respondent-opposite parties to show cause as to why an order of injunction should not be passed restraining the opposite party No.2 from disbursing the L/Cs as well as the relevant Bills of Exchange as described in the schedule A, B and C, of the instant application and/or pass such other or further order or orders as to this court may seem fit and proper.
The rule is made returnable within 4(four) weeks
from date.
The learned Advocate for the appellant-petitioner prays for an interim order.
We have heard the heard the learned Advocate for the petitioner-appellant, perused the application for injunction as well as the plaint annexed herewith.
On perusal of the same, it transpires that in paragraph Nos. 9 and 10 of the plaint the appellant petitioner vigorously raised the question of fraud. It further appears that the exporter made the shipment not as further appears that the exporter made the shipment not as per the pro-forma invoice rather supplied totally different quantity of products.
Considering the facts and circumstances, the respondent-opposite party No.2 is hereby restrained by an order of injunction from disbursing the payment under L/Cs as well as the relevant bills of exchange as described in the schedules for a period of 4(four) weeks from date. ”
clM¡Ù¹L¡l£l ®j¡LŸj¡l pw¢rç hZÑe¡ HC ®k, Aœ clM¡Ù¹L¡l£ h¡c£ q−u 1 ew ¢hh¡c£l ¢hl¦−Ü GZfœ pw¢nÔøa¡u 1 ew ¢hh¡c£ V¡L¡ ®f−a qLc¡l eu Hhw 2 ew ¢hh¡c£ La«ÑL 1 ew ¢hh¡c£l GZfœ pw¢nÔø V¡L¡ fËc¡−e ÙÛ¢Na LlZ Hhw ÙÛ¡u£i¡−h 2 ew ¢hh¡c£1 ew ¢hh¡c£l GZfœ pw¢nÔø V¡L¡ fËc¡e ÙÛ¢Na Ll−Zl ¢e¢j−š ®O¡oZ¡j§mL ¢X¢œ² Q¡¢qu¡ ¢h‘ k¤NÈ ®Sm¡ SS, 1j Bc¡ma, Y¡L¡u ®cJu¡e£ ®j¡LŸj¡ ew 378/2019 c¡¢Mm L−lz Aaxfl
h¡c£fr ®cJu¡e£ L¡kÑ¢h¢dl B−cn 39 ¢euj (1) J (2) ®j¡a¡−hL clM¡Ù¹ c¡¢Mm L−l Ef−l¡¢õ¢Ma ®cJu¡e£ ®j¡LŸj¡ 378/2019 ¢hQ¡l¡d£e b¡L¡L¡m£e clM¡−Ù¹ h¢ZÑa L¡l−Z A¿¹ha£ÑL¡m£e ¢e−od¡‘¡l B−cn fË¡bÑe¡ L−lez ¢hNa Cw−lS£ 30.04.2019 a¡¢l−M ¢h‘
k¤NÈ ®Sm¡ SS, 1j Bc¡ma, Y¡L¡ h¡c£l −cJu¡e£ L¡kÑ¢h¢dl B−cn 39 ¢euj 1 J 2 ®j¡a¡−hL c¡¢MmL«a A¿¹ha£ÑL¡m£e ¢e−od¡‘¡l clM¡Ù¹¢V öe¡e£ A−¿¹ e¡-j”¤l L−lez Aaxfl
h¡c£ ¢h‘ k¤NÈ ®Sm¡ SS, 1j Bc¡ma, Y¡L¡ LaѪL ®cJu¡e£ ®j¡LŸj¡ w 378/2019-H
fËcš ¢hNa Cw−lS£ 30.04.2019 a¡¢l−Ml l¡u J B−c−n pwr¥Ü q−u Aœ ¢hi¡−N fÊbj ¢h¢hd B¢fm c¡−ul L−le k¡l ¢ehåe ew fËbj ¢h¢hd B¢fm ®Vä¡l (FMAT) ew 504/2019z Aaxfl Ef¢l¢õ¢Ma fËbj ¢h¢hd B¢fm ®Vä¡l ew 504/2019 ¢eØf¢š
p¡−f−r h¡c£ B¢fmL¡l£ A¿¹ha£ÑL¡m£e ¢e−od¡‘¡l B−c−nl ¢e¢j−š c M¡Ù¹ c¡¢Mm L−l Aœ l¦m Hhw ¢e−od¡‘¡l B−cn fË¡ç qez
¢hNa Cw−lS£ 16.09.2019 a¡¢l−M ¢h‘ HÉ¡X−i¡−LV ®j¡x Bea¡p p¡¢jEm Bm£j Ef¢ÙÛa b¡L−mJ AcÉ ®L¡e fÐL¡l L¡lZ fÐcnÑe R¡s¡ Bc¡m−a Ae¤f¢ÙÛaz
ü£L«a j−aC haÑj¡e ®j¡LŸj¡¢V Eá§a q−u−R GZfœ Letter of Credit (LC) pw¢nÔøa¡uz Bmi£ ¢Øf¢ew ¢jmp ¢m¢j−VX J AeÉ¡eÉ he¡j h¡wm¡−cn [4 LNJ (2015) 568] ®j¡LŸj¡u GZfœ h¡ Letter of Credit ¢L Hhw Hl pw‘¡ ¢hÙ¹¡¢lai¡−h B−m¡Qe¡ Ll¡ q−u−R, ¢e−jÀ A¢hLm a¡ Ae¤¢mMe qmx
“Since the entire matter relates to Letter of Credit, therefore, it is necessary to understand what Letter of Credit is.
Letters of credit (LCs) are one of the most versatile and secure instruments available to international traders. An LC is a commitment by a bank on behalf of the importer (foreign buyer) that payment will be made to the beneficiary (exporter) provided that the terms and conditions stated in the LC have been met, as evidenced by the presentation of specified documents. Since LCs are credit instruments, the importer’s credit with his bank is used to obtain an LC. The importer pays his bank a fee to render this service.
Letters of credit (LCs) are also referred to as a documentary credit, is a contractual agreement whereby the issuing bank (importer’s bank), acting on behalf of its customer (the importer or buyer), promises to make payment to the beneficiary or exporter against the receipt of “complying” stipulated documents. The issuing bank will typically use intermediary banks to facilitate the transaction and make payment to the exporter.
Letters of credit (LCs) are a separate contract from the sales contract on which it is based; therefore, the banks are not concerned with the quality of the underlying goods or whether each party fulfils the terms of the sales contract. [Article 4 of UCP 600 (2007 Revision)]
The bank’s obligation to pay is solely conditioned upon the seller’s compliance with the terms and conditions of the LC. In LC transactions, banks deal in documents only, not goods. [Article 5 of UCP 600 (2007 Revision)]
The Letters of credit (LCs) are always irrevocable, which means the document may not be changed or cancelled unless the importer, banks, and exporter agree. [Article 2 of UCP 600 (2007 Revision)]
There are two types of letters of credit: commercial and standby. Commercial letters of credit are used primarily to facilitate foreign trade. The commercial letter of credit is the primary payment mechanism for a transaction, whereas the standby letter of credit is a secondary payment mechanism.
A commercial letter of credit is a contractual agreement between a bank, known as the issuing bank, on behalf of one of its customers, authorizing another bank, known as the advising or confirming bank, to make payment to the beneficiary. The issuing bank, on the request of its customer, opens the letter of credit. The issuing bank makes a commitment to honor drawings made under the credit. The beneficiary is normally the provider of goods and/or services. Commercial letters of credit have been used for centuries to facilitate payment in international trade. Their use will continue to increase as the global economy evolves.
Letters of credit used in international transactions are governed by the International Chamber of Commerce Uniform Customs and Practice for Documentary Credits. The general provisions and definitions of the International Chamber of Commerce are binding on all parties.
The International Chamber of Commerce’s (ICC), which was established in 1919, had as its primary objective facilitating the flow of international trade.
The Uniform Customs and Practice (UCP) for Documentary Credits is promulgated by the Commission on Banking Technique and Practice of the International Chamber of Commerce headquartered in Paris, France. It articulates standard international commercial letter of credit practice.
The current revision, ICC Publication No. 600 (UCP600), became effective July 2007. Prior versions were issued in 1933 (UCP82), 1951 (UCP151), 1962 (UCP222), 1974 (UCP290), 1983 (UCP400) and 1994 (UCP 500).”
B¿¹SÑ¡¢aL hÉhp¡u£−cl ¢eLV ¢e¢hÑ−OÀ hýj¤M£ hÉhq¡l Ef−k¡N£ ¢el¡fc c¢mm qm
GZfœ h¡ Letter of Credit (LC)z GZf−œ h¢ZÑa naÑf§le p¡−f−r, −œ²a¡l f−r ¢h−œ²a¡l hl¡h−l, GZfœ h¡ Letter of Credit (LC) Cp¤ÉL¡l£ hÉ¡w−Ll V¡L¡ fËc¡−el A¢‰L¡l e¡j¡ qm GZfœ ab¡ Letter of Credit (LC)z HC GZfœ B¿¹SÑ¡¢aL Hhw ÙÛ¡e£u Eiu fËL¡l q−a f¡−lz haÑj¡−e B¿¹SÑ¡¢aL GZfœ The International Chamber
of Commerce (ICC) LaѪL fËZ£a The Uniform Customs and Practice (UCP)
600 (Revison 2007) Hl ¢h¢d ¢hd¡e ®j¡a¡−hL f¢lQ¡¢ma q−u Bp−Rz hÉhp¡u£NZ B¿¹S¡Ñ¢aL pLm GZf−œ (UCP) 600 (Revision 2007) Hl ¢h¢dl fË−k¡SÉa¡ E−õM L−lez
HM¡−e E−õMÉ ®k, pLm fÐL¡l h¡¢e¢SÉL Ge fœ h¡ Letter of Credit (LC) hÉ¡wL LaѪL MT 700 h¡ Message Type 700 gl−j−V Ll¡ quz MT 700 Hl gl−jV ¢e−jÀ A¢hLm Ae¤¢mMe q−m¡z
Nordea
MT 700 Format Specifications
MT 700 Issue of a Documentary Credit
Status Tag Field Name Status Tag Field Name M 27 Sequence of Total O 43T Transhipment
M 40A Form of Documentary Credit O 44A Place of Taking in Charge/Dispatch
from.../Place of Receipt
M 20 Documentary Credit Number O 44E Port of Loading/Airport of Departure
O 23 Reference to Pre-Advice O 44F Port of Discharge/Airport of Destination
M 31C Date of Issue O 44B Place of Final Destination/For Transportation to.../Place of Delivery
M 40E Applicable Rules O 44C Latest Date of Shipment M 31D Date and Place of Expiry O 44D Shipment Period
O 51a Applicant Bank O 45A Description of Goods and/or Services
M 50 Applicant O 46A Documents Required
M 59 Beneficiary O 47A Additional Conditions
M 32B Currency Code, Amount O 49G Special Payment Conditions for Beneficiary
O 39A Percentage Credit Amount Tolerance O 49H Special Payment Conditions for Receiving Bank
O 39B Maximum Credit Amount O 71D Charges
O 39C Additional Amounts Covered O 48 Period for Presentationin days M 41a Available With ... By ... M 49 Confirmation Instructions
O 42C Drafts at ... O 58a Requested Confirmation Party
O 42a Drawee O 53a Reimbursing Bank
O 42M Mixed Payment Details O 78 Instructions to the
Paying/Accepting/Negotiating Bank
O 42P Negotiation/Deferred Payment
Details O 57a ’Advise Through’ Bank
O 43P Partial Shipments O 72Z Sender to Receiver Information
M = Mandatory O = Optional
Excerpt from Documentary Credits and Guarantees for Standards MT November 2018
HMe Bjl¡ ®cMh haÑj¡e ®j¡LŸj¡u pw¢nÔø Ge fœ ab¡ Letter of Credit
(LC)- H fÊ−k¡SÉ ¢h¢d ¢hd¡e ¢ho−u ¢L hm¡ q−u−Rz …l¦aÄf§ZÑ ¢hd¡u B−m¡QÉ j¡jm¡l
frpj§q La«ÑL pÇf¡¢ca GZfœ h¡ Letter of Credit (LC) (pwk¤¢š²-¢p) A¢hLm ¢e−jÀ Ae¤¢mMe Ll¡ q−m¡x-
“ Message type: 700
To Institution: BKHZCNBHXXXX
BANK OF HUZHOU CO., LTD
NO. 471-475 SOUTH STREET,
HL......OU CITY
Priority: Normal
27 Sequence of Total
1/1
40A Form of Documentary Credit
IRREVOCABLE
20 Documentary Credit Number
ILC0802180219544
31C Date of Issue
181101
40E Applicable Rules UCP LATEST VERSION
31D Date and Place of Expiry
181230CHINA
50 Applicant
SHEPHERD INDUSTRIES LTD
KATHALIA, VALUKA, MYMENSINGH-2240
BANGLADESH,
59 Beneficiary
JIANGSU GTIG ESEN CO LTD
22F, GUOTAI TIMES PLAZA,
BUILDING A, NO.65 REN MIN
ROAD ZHANGJIAGANG, JIANGSU CHINA
328 Currency Code, Amount
USD240858, 06
39B Maximum Credit Amount
NOT EXCEEDING
41D Available with .....by .....
ANY BANK IN CHINA
BY NEGOTIATION
42C Drafts at ......
120 DAYS FROM THE DATE OF BILL OF LADING
42A Drawee
IFIFBDDH002
43P Partial Shipments
ALLOWED
43T Transshipment
ALLOWED
44E Port of Loading/Airport of Departure
ANY SEA PORT OF CHINA
44F Port of Discharge/Airport of Destination
CHATTOGRAM SEA PORT, BANGLADESH
44C Latest date of Shipment
181215
45A Description of Goods and /or Services
RAW MATERIALAS FOR 100 PCT EXPORT ORIENTED DYEING INDUSTRY:
2/325MM 100 PCT ACRYLIC ANTI PILLING YARN RAW WHITE IN HANK QUANTITY: 68039 KGS, UNIT PRICE USD3. 54/KG,
TOTAL AMOUNT: USD240, 858.06, CFR CHATTOGRAM
ALL OTHER DETAILS OF GOODS ARE AS PER PROFORMA INVOICE NO. GESC189126213 DATED23/10/2018
OF THE BENEFICIARY.
46A Documents Required
1) PAYMENT UNDER THIS CREDIT IS AVAILABLE BY NEGOTIATION TO THE BENEFICIARY BY THEIR DRAFTS DRAWN ON ISSUING BANK QUOTING DOCUMENTARY CREDIT NUMBER AT 120 DAYS SIGHT FROM THE DATE OF BILL OF LADING.
2) SIGNED INVOICES IN TRIPLICATE CERTIFYING MERCHANDISE TO BE OF CHINA ORIGIN, LCA FORM NO. IFICB/ID-157291, H. S. CODE NO. 5509.32.00, IRC NO. BA-104118 MUST APPEAR ON THE INVOICES. INVOICE MUST SHOW DETAILS DESCRIPTION OF GOODS AS MENTIONED IN PROFORMA INVOICE.
3) FULL SET ORIGINAL BILL OF LADING SHOWING FREIGHT PREPAID DRAWN OR ENDORSED TO THE ORDER OF IFIC BANK LIMITED, GULSHAN BRANCH, DHAKA, BANGLADESH AND MARKET NOTIFY APPLICANT AND ISSUING BANK,
4) CERTIFICATE OF ORIGIN ISSUED BY CONCERNED CHAMBER OF COMMERCE/MINISTRY OF COMMERCE OF EXPORTING COUNTRY CERTIFYING THAT THE MERCHANDISE ARE OF CHINA ORIGIN MUST ACCOMPANY WITH ORIGINAL DOCUMENTS FOR NEGOTIATION.
5) SIGNED PACKING LIST REQUIRED IN DUPLICATE WITH NET AND GROSS WEIGHT.
6) INSURANCE COVERED BY APPLICANT, PARTICULARS OF SHIPMET TO BE ADVICE DIRECT TO UNION INSURANCE COMPARY LTD., ISLAMPUR BRANCH, BABYLONE CENTRE 26 (4TH FLOOR), 28,B. B. AVENUE, DHAKA-1000, BANGLADESH. QUOTING COVER NOTE NO. UIC/ISL/MC-0355/11/2018 DATED 01.11.2018 WITHIN 07(SEVEN0 WORKING DAYS AFTER SHIPMENT. A COPY OF SUCH ADVICE SHOULD ACCOMPANY THE DOCUMENTS.
7) ONE COMPLETE SET OF NON-NEGOTIABLE SHIPPING DOCUMENTS TO BE SENT TO THE APPLICANT WITHIN SEVEN WORKING DAYS AFTER SHIPMENT.
8) BENEFICIARY/SHIPPING LINES/SHIPPING LINES AGENT MUST CERTIFY THAT SHIPMENT HAS NOT BEEN EFFECTED BY ANY ISRAELI FLAG TRANSPORT OR PORT AND A CERTIFICATE TO THIS EFFECT MUST ACCOMPANY WITH SHIPPING DOCUMENTS.
9) BENEFICIARY MUST STATE SEPARATE ‘FREIGHT AMOUNT’ AGAINST THIS CONSIGNMENT EITHER IN COMMERCIAL INVOICE OR IN A SEPARATE CERTIFICATE.
47A Additional Conditions
1) WE HEREBY ENGAGE WITH THE DRAWERS AND/OR BONAFIDE HOLDERS OF DRAFT DRAWN AND NEGOTIATED IN CONFORMITY WITH TERMS OF THE CREDIT WILL BE DULY HONORED AT 120 DAYS SIGHT FROM THE DATE OF BILL OF LADING.
2) NEGOTIATING BANK MUST DISPATCH THE ORIGINAL SHIPPING DOCUMENTS TO IFIC BANK LTD., GULSHAN BRANCH, 109, GULSHAN AVENUE, DHAKA BANGLADESH BY COURIER SERVICE WITHIN 96 HOURS OF NEGOTIATION.
3) NOTWITHSTANDING ANYTHING CONTRARY TO THE ABOVE WE SHALL DEDUCT AN AMOUNT OF USD80.00 BEING OUR HANDLING CHARGE AGAINST DRAWING OF EACH SET OF DISCREPANT DOCUMENTS UNDER THE ABOVE NOTED L/C AND NEGOTIATING BANK IS REQUESTED TO SHOW THIS DEDUCTION CHARGES ON THEIR BILL FORWARDING SCHEDULE.
4) L/C NUMBER AND H.S. CODE MUST BE QUOTED ON ALL SHIPPING DOCUMENTS AND IRC NO. BA-104118, LCA NUMBER MUST QUOTED IN COMMERCIAL INVOICES.
5) DOCUMENTS UNDER THE L/C MUST NOT BE DATED PRIOR TO LC ISSUE DATE.
6) THIRD PARTY, SHORT FORM, STALE, CHARTER PARTY BILL OF LADING NOT ACCEPTABLE.
7) BENEFICIARY MUST CERTIFY ON INVOICE THAT QUANTITY, QUALITY, RATE, PACKING, MARKING, AND ALL OTHER DETAILS OF GOODS ARE IN ACCORDANCE WITH PROFORMA INVOICE.
8) TIN: 815674589022, VAT NUMBER: 18091004625, E-BIN: 000846088 MUST APPEAR ON THE INVOICES.
9) TIN: 135055865054 AND BIN: 19071035167 AND E-BIN: 000136288 OF IFIC BANK LIMITED (ISSUING BANK) MUST APPEAR IN ALL SHIPPING DOCUMENTS.
10) H. S. CODE ALONG WITH DESCRIPTION OF GOODS MUST BE MENTION IN ALL SHIPPING DOCUMENTS.
11) ALL DOCUMENTS MUST BE SIGNED AND PRESENTED IN ENGLISH.
12) USD60.00 AS REIMBURSEMENT CHARGE AND USD50.00 AS DOCUMENT HANDLING WILL BE DEDUCTED AT THE TIME OF PAYMENT.
13) ALL SHIPPING DOCUMENTS MUST MENTION THE FOLLOWING: THIS IMPORT MADE UNDER BONDED WAREHOUSE SYSTEM (LICENSE NO. 20/CUS-PBW-2001 DT16.08.2001).
14) THE WORD ’14 DAYS DETENTION RREE’ MUST BE MENTIONED IN ORIGINAL BILL OF LADING.
15) THE ALTERNATE NUMBER OF THIS DOCUMENTARY CREDIT FOR OUR CENTRAL BANK REPORTING 080218020236 AND OUR L/C NO. ILC0802180219544 MUST APPEAR IN ALL DOCUMENTS. ALL CORRESPONDENCE FROM ADVISING/NEGOTIATION/CONFIRMING BANK MUST BEAR BOTH L/C NUMBER AND CENTRAL BANK REPORTING NUMBER.
71b charge
ALL FOREIGN BANK CHARGES ARE FOR
THE ACCOUNT OF THE BENEFICIARY
48 Period for Presentation
DOCUMENTS MUST BE PRESENTED WITHIN
15 DAYS AFTER SHIPPING DOCUMENT DATE AND WITHIN THE VALIDITY OF THE L/C.
49 Confirmation Instructions
WITHOUT
78 Instructions to the paying/accepting/negotiating Bank
1) WE WILL MAKE PAYMENT AT MATURITY FROM THE DATE OF ACCEPTANCE TO YOUR CONVENIENT ACCOUNT AS PER THE INSTRUCTION OF PRESENTING BANK.
2) AMOUNT OF EACH DRAWING MUST BE ENDORSED ON THE REVERSE OF THE ORIGINAL LETTER OF CREDIT.
3) DOCUMENTS CONTAINING ANY DISCREPANCY MUST NOT BE NEGOTIATED EVEN AGAINST GUARANTEE OR UNDER RESERVE WITHOUT OUR PRIOR APPROVAL.
57A ‘Advise Through’ Bank
ABOCCNBJ103
72 Sender to Receiver Information
PLESE ADVISE THE LC TO THE BENEFICIARY UNDER WHIFT INTIMATION TO US.”
Ef¢l¢õ¢Ma GZfœ h¡ (Letter of Credit (L.C) pqS plm f¡−W HV¡ L¡y−Ql ja Øfø ®k, GZfœ¢V Message Type 700 h¡ MT 700 gl−j−V Ll¡ q−u−R Hhw Hl
field 40E qm Appliable Rulesz Eš² field 40E-®a Applicable Rules ¢q−p−h UCP Latest Version (UCP 600 (Revision 2007) ¢m¢Ma B−Rz Ab¡Ñv HC GZfœ pw¢nÔøa¡u UCP 600 (Revision 2007) Hl ¢h¢d ¢hd¡e fË−k¡SÉ q−hz
UCP 600 (Rules 2007) Hl ¢h¢d 4 qm “Electronic Records and
Paper Documents v. Goods, Services or Performance” ¢ho−u-z Eš² ¢ho−u ¢h¢d−a hm¡ B−R ®k, “Banks do not deal with the goods, services or performance to which an electronic record or paper document may
relate.” AbÑ¡v Ge fœ h¡ Letter of Credit (LC) −ph¡ fÐc¡−el pju Hhw ¢Lwh¡ ®¢V h¡Ù¹h¡ue Ll¡l pju hÉ¡wL C−mƒÊ¢eL h¡ L¡NS fœ¡¢cl p¢WLa¡ k¡Q¡C h¡R¡C Ll−h ¢L¿º f−eÉl j¡e J f¢lj¡e ¢e−u ®L¡e fÐnÀ Ll−h e¡z Afl¢c−L, the ICC Uniform Customs and Practice the UCP 600 (2007 Revision)Hl Article 34 ®j¡a¡−hL “A bank assumes no liability or responsibility for the form, sufficiency,
accuracy, genuineness, falsification or legal effect of any document, or for the general or
particular conditions stipulated in a document or superimposed thereon; nor does it assume any liability or responsibility of the description, quantity, weight, quality, condition, packing, delivery, value or existence of the goods, services or other performance represented by any document, or for the good faith or acts or omissions, solvency, performance or standing of the consignor, the carrier, the forwarder, the consignce or the insurer of the goods or any other person. ”
Ae¤−µRc 4 J 34 HLœ f¡−W HV¡ fËa£uj¡e ®k, hÉ¡wL öd¤j¡œ L¡NS f−œl p¢WLa¡ k¡Q¡C h¡R¡C Ll−h, f−ZÉl j¡e J f¢lj¡e ¢e−u euz
HMe Bjl¡ ®cMh h¡c£ a¡l Bl¢S−a ¢L hZÑe¡ L−l−Rz …l¦aÄf§ZÑ ¢hd¡u h¡c£l Bl¢Sl fÉ¡l¡ ew 9, 10, 11, 12 Hhw 13 (L) (M) J (N) Hhw h¡c£l fСbÑe¡ ¢e−jÀ A¢hLm Ae¤¢mMe Ll¡ q−m¡x-
“9. That upon accepting the relevant Bills of Exchange, when the plaintiff bad released the shipping documents from the
L/C issuing bank and cleared the goods at Chittagong Sea Port under the relevant Bills of Lading and brought the same at its factory or plant the plaintiff to its utter shock and surprise, discovered that it has been subjected to sheer fraud by the
defendant No.1. The defendant No.1 has delivered extreme inferior quality of goods and committed fraud with the plaintiff in supplying the goods agreed to the delivered. The delivered yarn is very much poor, thick and thin, bank to bank variation, color absorbing ratio is very much poor and therefore, not fit for use in the production of fabric.
plaintiff cannot get the desired output when the said yarn is put into swatch. Consequently, the consignment could not be used for manufacturing the desired dyed yarn for its ultimate customers.
correspondences on various dates such as 18.03.2019; 03.04.2019
& 10.04.2019 to the defendant No.4 (who acts on behalf of defendant No.1) notifying them in connection with significant inferior quality of goods supplied by the defendant No.1 which resulted in the commission of fraud by the defendant No.1 & 4. The plaintiff also requested them to rectify the situation.
rectify the situation despite various requests and reminders from the plaintiff. Finding no other way out, the plaintiff at last vide letter dated 18.03.2019 requested the defendant No.2 to stop payment against the aforesaid L/Cs since they have been defrauded by the defendant Nos.1 and 4.
No.1 is actuated by fraud and it is in clear violation of agreed commercial terms and the URC 522 established by the International Chamber of Commerce (ICC) governing international rules of documentary collection. The actions of defendant No.1 clearly suggest that they are acting fraudulently causing the plaintiff to suffer business loss by supplying worthless stuff or materials which caused a huge financial loss to the plaintiff. The plaintiff has suffered huge financial losses due to hampering in production.”
16.That the suit is for declaration along with 17.
Whereof ,it’ is humbly prayed that your Homer would grievously be pleased to
“(a) Pass a decree for declaration against the defendants in favour of the plaintiff declaring that the defendant No.1 is not entitled to get any payment in connection with the L/Cs as well as the relevant Bills of Exchange as described in the schedule ‘A’ ‘B’
& ‘C’ below.
(b) Pass a decree for declaration against the defendants in favour of the plaintiffs declaring that the defendant No.2 is bound to withhold payment to the defendant No.1 or any other party acting on its behalf in connection with the L/Cs as well as the relevant Bills of Exchange as described in the schedule ‘A’ ‘B’ & ‘C’ below.
(C) A decree of permanent injunction restraining permanently, the Defendant No.2 not to disburse the payment, and the Defendant No.1 and 4 not to obtain the payment, under L/Cs (Letter of Credits) and the corresponding relevant Bills of Exchange as described in the schedule ‘A’ ‘B’ & ‘C’ below. ”
h¡c£l Bl¢S pqS plm f¡−W H¢V Ly¡−Ql ja Øfø ®k, h¡c£l j§m A¢i−k¡N q−m¡ ¢hh¡c£ L¡fs °a¢l−a Ae¤f−k¡N£ elj, f¡am¡, lw −n¡o−el Lj rja¡pÇfæ Hhw ¢ejÀj¡−el p¤a¡ plhl¡q L−l−Rez AbÑ¡v ü£L«aj−aC, ¢hh¡c£ La«ÑL ¢ejÀj¡−el p¤a¡ plhl¡−ql L¡l−Z h¡c£ Aœ ®j¡LŸj¡ c¡−ul L−l−Rez ¢L¿º UCP 600 (Revision 2007) ®j¡a¡−hL hÉ¡wL LMeJ f−ZÉl j¡e ¢Lwh¡ f¢lj¡Z ¢e−u i¡h−h e¡ z
h¡wm¡−cn H¢nu¡l â¦a hdÑen£m AbÑe£¢az 2041 p¡−ml j−dÉ ¢e−S−L Eæa AbÑ®~e¢aL ®cn ¢q−p−h fË¢aù¡l m−rÉ h¡wm¡−cn j¡ee£u fËd¡ej¿»£ ®nM q¡¢pe¡l ®ea«−aÄ cªt fËaÉ−u H¢N−u k¡−µRz h¡wm¡−c−nl h¡¢ZSÉ (trade) AbÑ hvpl 1973 ®b−L AbÑ hvpl
2017-H 573 …e hª¢Ü ®f−u−Rz Hj¢e HL AhÙÛ¡u B¿¹SÑ¡¢aL c¢mm pj§q pw¢nÔøa¡u Bj¡−cl Bc¡ma−L AhnÉC p−h¡ÑµQ paLÑa¡l p¡−b ¢h−hQe¡ Ll−a q−hz A¢a AhnÉC B¿¹ÑS¡¢aL BCe-L¡e¤e, l£¢a-e£¢a Hhw ü¡rlL«a pLm B¿¹ÑS¡¢aL pec Ae¤ple Ll−a
q−hz Bj¡−cl Bc¡m−al p¡j¡eÉaj ApaLÑa¡ B¿¹SÑ¡¢aL A‰−e ®e¢ah¡QL fËi¡h −gm−a
h¡dÉ k¡ Bj¡−cl Eæa AbÑ®~e¢aL l¡øÊ q−a hs fË¢ahåLa¡ pª¢ø Ll−hz B¿¹SÑ¡¢aL GZfœ (International letter of credit) ®aj¢e HL¢V B¿¹SÑ¡¢aL c¢mmz
öd¤j¡œ fËj¡¢Za (proved) S¡m (fraud) GZfœ (letter of credit) ¢i æ Bc¡ma ®L¡e AhÙÛ¡−aC GZfœ (letter of credit) pw¢nÔø ®L¡e ®j¡LŸj¡ ¢hQ¡−ll SeÉ Bj−m NËqZ Ll−h e¡z h¡c£l Bl¢S f¡−W HV¡ Ly¡−Ql ja Øfø ®k, B−m¡QÉ GZfœ ab¡ Letter of Credit (LC) S¡m (fraud) j−jÑ h¡c£ ®L¡e c¡h£ E›¡fe L−le e¡Cz Ab¡Ñv ü£L«aj−aC B−m¡QÉ GZfœ ab¡ Letter of Credit (LC) p¢WLz
p¡¢hÑL fkÑ¡−m¡Qe¡u Bj¡−cl A¢ija HC ®k, h¡c£l ®j¡LŸj¡ c¡−ul Ll¡l −L¡e
L¡lZ (cause of action) e¡ b¡L¡u Aœ ®j¡LŸj¡¢V AQm ®qa¥ Aœ l¦m¢V M¡¢lS−k¡NÉz
AaHh, B−cn qu ®k, Aœ l¦m¢V 20000/-(¢hn q¡S¡l) V¡L¡ MlQ¡pq M¡¢lS Ll¡
qmz
Aœ l¡−ul Ae¤¢m¢f pw¢nÔø pLm−L Ah¢qa Ll¡ qELz ¢hQ¡lf¢a Se¡h nn¡ˆ ®nMl plL¡l
B¢j HLja