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¸i“Z¡c~Y© weavq h¡c£ clM¡Ù¹L¡l£ La«ÑL c¡¢MmL«a p¡j¡¢l p¤ÉV ew 03/2021 Hl Bl¢S wb‡æ AweKj AbywjLb n‡jvt

IN THE COURT OF LEARNED DISTRICT JUDGE, DHAKA

SUMMARY SUIT NO. 03 OF 2021

NZ Fabrics Limited represented by its Chairman Md. Saleudhuzaman Khan, 181, Arambagh, Khan Plaza, Motijheel, Dhaka-1000, Bangladesh

......Plaintiff

-VERSUS-

South East Bank Limited represented by its managing director, Shamoli Branch, Asha Tower (2nd floor), 23/3 Khilji Romotijheel, Shaymoli, Dhaka.

2. Shajalal Islami Bank Limited represented by its managing director, Satmasjid Road Branch Branch, Khuda Buksh Foundation (1st floor), road no. 11/A, house no, 99, Dhanmondi, Dhaka.
3. Shinest Apparels Ltd represented by it's Chairman Syeda Nasrin Azim, Azim Tower, Plot# 217/1, Baribadh, Mohammadpur, Dhaka 1207, Bangladesh.

-----------Defendants

4. City Bank Limited represented by its managing director, Gulshan Branch, Abdur Rashid Salma Rain Tower, level 7, road no. 21, house no. 11, Gulshan 1, Dhaka-1212.

---------Proforma Defendant

SUMMARY SUIT UNDER ORDER 37 RULE 2 OF THE CODE OF CIVIL PROCEDURE, 1908 FOR PAYMENT OF LETTER OF CREDITS WITH INTEREST.

SUIT VALUED AT USD 5,65,301.25/- EQUIVALENT TO BDT4,80,50,606.20/- AS PER 85 TAKA CONVERSION RATE OF USD TO BDT OF THE CENTRAL BANK OF BANLGLADESH WITH INTEREST

SHEWETH:

1. the commercial documents and denied payment under the said That, the plaintiff is a limited company duly incorporated under the Companies Act, 1994 and having all requisite business license and memberships from all reputed business organizations got engaged in the garment manufacturing business with formidable reputation for significant period (thereinafter referred to as the “plaintiff”);
2. That, the defendants No.1 and 2 are South East Bank and Shahjalal Islami Bank Limited who are the Letter of Credit (L.C) opening Bank and who has now returned LCs. The defendant No.3 is the Shinest Apparels Limited, the applicant of the LCs in question. The defendant No.3 is the Buyer of the fabric of the plaintiff who took delivery of total shipment and did not pay. The proforma defendant no.4 is the LC beneficiary bank of the plaintiff. No relief has been claimed against the proforma defendant no.4 being the bank of the plaintiff and it has been impleaded as the proforma defendant only for efficacious disposal of the instant suit;

3. That, the address given in the cause title are correct for the purpose of serving notices, Court orders and summons;
4. That, the  defendant  no.3 approached the plaintiff to  buy  certain quality fabrics to be used ultimately for exporting purposes and upon request  of  the  defendant  no.3.  The  plaintiff  issued  6  proforma Invoices for a total price of USD 12c79c893.75/- to the defendant No3 as below:

5. That,  upon  receiving  the  said  proforma invoices, the defendant no.3 had its banks, the defendant no.1 and 2 open 4 Letter of Credit (LCs) making the plaintiff the beneficiary of the  said  LCs.  The  LCs  were  issued  under United Customary Practice for documentary credit  (UCPDC)600.  The  INCORTERM  for the transaction were selected to be “Carriage Paid To (CPT)” and the LCs were 90 days deferred LC The Defendant transmitted below LCs. Details of which are as follows:

6. That, admittedly, after receiving the said LC’s, the  plaintiff  produced  all  fabrics  required under  the  said  LCs,  hired  carrier  and delivered  finished  goods  to  the  designated place of the defendant no.3 and the defendant no.3, being satisfied with the goods, received the same by accepting “delivery chalans” of the plaintiff. Summary of the delivery is given below:-

7. That, thereafter, out of the USD 12,79,893.75/- the defendant no.3 paid USD 4,08,792.50/- summary of which is as follows:-

8. That,  out  of  rest  of  payment  of  USD  871,101.25/-,  the  plaintiff already obtained acceptance from the defendant no.3 as well as the concerned  bank  being  the  defendant  no.1  South  East  bank  USD 3,05,800/-, This payment was made after long delay;

9. That,  the  plaintiff  submitted  documents  having  value  of  US 5,65,301.25 to the defedant no.3 to get acceptances as per clause 46A of LC the defendant no.3 returned the documents without giving the acceptance which is illegal as under the INCOTERM “CPT” once goods are delivered and accepted, the buyer is bound to pay. Consequently, the claimant forwarded the said documents to the issuing  banks  being  the  defendant  no.1  and  2  get maturity/payments.

Details of which are as follows:

10. That,  the  defendants  no.1  and  2  gave  some  unnecessary discrepancies  and  held  off  the  commercial  documents  of  the plaintiff.  When  the  defendant  no.3  took  delivery  under  “CPT” INCOTERM which means that the defendant no.3, being the buyer, is bound to pay the plaintiff (the seller) right after it took the delivery of the finished goods. This means that the defendant no.3 was bound to waive the discrepancies and intimate the defendant no.1 and 2 about such waiver and instruct the said banks to release the payment of the plaintiff but the defendant no.3 did no such thing;
11. That, it is most humbly submitted that it ex-facie evident that the defendant no.2 accepted the goods but did not waive discrepancies and give formal acceptance for the L.C. value USD 565,301.25/- however goods were taken under “CPT” INCOTERM which makes

it clear that the defendants have no defence and the payment of the LC must now be made;

12. That, it is most humbly submitted that the defendant no.3 defrauded the plaintiff by promising to waive discrepancies and give formal acceptance. The defendants no. 1 and 2 banks also acted negligent as they may have approached and convinced the defendant no.3 to waive discrepancies as per Clause 16(b) of the UCP 600.
13. That, the cause of action of the suit arose on various on various dates from 17.02.2020 to 15.09.2020 between when proforma invoices were issued, LCs were opened, delivers where made, goods were accepted and formal acceptances were given. On 15.12.2020 and 23.12.2020 when maturities were given to the LCs amounting to USD 305,800.00/- and when the defendants no.1 and 2 returned the documents submitted by the plaintiff without payment on 08.11.2020, 16.11.2020,17.11.2020 23.11.2020. The cause of action is still subsisting;
14. That, the cause of action of the suit arose within the territory of Jurisdiction of this Hon’ble Court and as such the court has complete jurisdiction to try this suit. The suit matter falls under the regime of Order 37 of the Code of Civil Procedure, 1908 and no relief has been claimed which does not fall under the purview of Order 37 of the CPC. The plaintiff has authorized its employee to file the instant suit on its behalf vide Letter of Authority dated 12.01.2021.
15. That, the suit is for summary suit for payment of negotiable instruments and the highest advolerum fee of the Court is paid with required taxes and VAT being Tk. 57,500/- by the plaintiff with the plaint. This Hon’ble Court has the territorial and pecuniary jurisdiction to adjudicate upon this instant dispute;

WHEREFORE, it is humbly prayed that the Your Honour would be pleased to;

(a)pass a decree for USD 5,65,301.25/- (US Dollar fifty two thousands eight hundred and thirteen) only equivalent to BDT 4,80,50,606.20 (four crore eighty laces fifty thousands six hundred six taka and twenty paisa) as per conversion rate of USD to BDT of the Central Bank of Bangladesh;

(b)interest from the date of maturity till the date of fillling this instant suit at the rate of 18% per amount;

(c)interest to paid under section 34 of the Code of Civil Procedure, 1908 from the date of filling the suit till the date of decree;

(d)  pass such other or further order order as may deemed fit and proper.

(e)  Pass a decree for cost of the suit;

(f)Any other relief or relieves which the Plaintiff Bank is entitled in law and in equity.

AND

For such act or acts of kindness the Plaintiff, as in duty bound,

shall ever pray.

AFFIDAVIT

1.  Munshi  Mahmudur  Rahman,  Head  of  Commercial,  NZ Fabrics  Limited,  son  of  late  Munshi  Lal  Mia  and  Mst. Rashida  Begum,  House:  148,  Village:  Sultangonj,  Bibi Bazar,  Post:  Mohammadpur-1207,  Dhaka  Uttor  City Corporation, Dhaka, Aged about 48 years, by faith Muslim, by nationality Bangladeshi, NID No. 8244137669, do hereby solemnly declare as follows:-

1. That I am the Authorized person of the suit and I well conversant with the fact and circumstance of this suit and I am competent to swear this affidavit;
2. That the statements made above are true to the best of my knowledge and belief and in truth whereof I swear and sign this affidavit before the Commissioner of this Court on this the 01 day of March 2021. Tike 12.01 PM.

ü¡/-j¤¾p£ j¡q¡j¤c¤l lqj¡e Deponent

The  deponent  is  known  to  me  and identified by me.

AcÉ 01.03.2021 a¡w ®j¡a¡−hL --h¡wm¡ a¡¢lM ®hm¡ 12.01 O¢VL¡l  Sd:/A.A.Y. Khan Chowdhury

pju Y¡L¡l ®Sm¡ SS Bc¡m−a Bj¡l pÇj¤−M Ef¢ÙÛa qCu¡ nfb f¡W  Advocate

f¤hÑL Ef−l¡š² ®O¡oe¡ L¢l−mez ®O¡oe¡L¡l£ Bj¡l f¢l¢Qa Se¡h  Room No. 9019

H,H,Ju¡C M¡e ®Q±d¤l£ La«ÑL pe¡š²L«az  Dhaka Bar Association Building No.2 ü¡x/- AØfø  Advocate

L¢jne¡l

01.03.2021

…l¦aÄf§ZÑ ¢hd¡u 2ew ¢hh¡c£ n¡qS¡m¡m Cpm¡j£ hÉ¡wL ¢m¢j−VX La«L c¡¢MmL«a An  application  for  appearance  and  defend  the  instant  suit under Order XXXVII Rule 3 of the Code of Civil Procedure, 1908 ¢e−jÀ A¢hLm Ae¤¢mMe q−m¡x-

IN THE COURT OF LEARNED DISTRICT JUDGE, DHAKA

SUMMARY SUIT NO. 03 OF 2021

IN THE MATTER OF:

An application for appearance and defend the instant suit under Order XXXVII Rule 3 of the Code of Civil Procedure, 1908

AND

IN THE MATTER OF; NZ Fabrics Limited

......Plaintiff

-VERSUS-

South East Bank Limited and others.

-----Defendants

That the defendant No.2/SHAHJAHAL ISLAMI BANK LTD. petitioner most respectfully.

SHEWETH:

1. That the plaintiff filed this Summary Suit against the Defendant-Opposite Parties praying for a decree for USD 5,65,301.25 (US Dollar Five Lac Sixty Five Thousand Three Hundred Once and Twenty Five) only equivalent to TK. 4,80,50,606.20 (Four Core Eighty Lac Fifty Thousand Six Hundred Six and Paisa Twenty) only.
2. That the defendant No.2 received the court summon of this suit on 05.09.2021 and now intend to appear and defend the suit. There are various triable issues in this instant suit the document under L/Cs are not accepted and the defendant not yet collected all the necessary papers and documents. So, some days’ required to submit the Written statement.

WHEREFORE: it is humbly prayed that yout Honour would graciously be pleased to accept the power of the Defendant No. 02 to appear and to grand unconditional leave to defend the instant suit and allow time to submit the Written Statement.

And for this act of kindness the plaintiff Applicant as in duty bound and shall ever pray.

09.09.2021

AFFIDAVIT

1.  Khandokar Abdul Munim son of Mr. Khandokar Abdul Matin Assistant Vive President Shahjalal Islami Bank Limited Satmasjid Road Branch, Dhaka aged about 43

years, by faith Muslim, by profession service do hereby solemnly affirm and declare as follows:

1. That I am tadbirker on behalf of the Defendant No.2 and I am fully conversant with the fact and circumstances of this case and am fully competent to swear this affidavit.
2. That the statements made above are true to the best of my knowledge and belief and in truth whereof I sign this affidavit before the Commissioner of affidavits to-day the 9th day of September, 2021 at 10:00 A.M.

Sd:/- Khandokar Abdul Mumin

 Assistant Vice President, PA#423 Shahjalal Islami Bank Limited Satmasjid Road Branch, Dhaka Ph. 91377809127831

The deponent is known to me and indentified by me and has signed in my presence.

Sd/- REAZ AHMED FERDOUS 09.09.2021

LL.B.(Hons), LL.M-DU     Supreme Court of Bangladesh A Rahman & Associates     Paltan Tower (8th Floor)

87 Purana Paltan Line, Dhaka. ------------------------------     Advocate

…l¦aÄf§ZÑ ¢hd¡u 3ew ¢hh¡c£/h¡c£ n¡C−eØV HÉf¡−lmp ¢mx La«ÑL  An application for leave to appear and defend the instant suit under Order XXXVII Rule 3 of the Code of Civil Procedure, 1908 ¢e−jÀ A¢hLm Ae¤¢mMe q−m¡x-

IN THE COURT OF LEARNED DISTRICT JUDGE, DHAKA

SUMMARY SUIT NO. 03 OF 2021

IN THE MATTER OF:

An application for leave to appear and defend the instant suit under Order XXXVII Rule 3 of the Code of Civil Procedure, 1908

AND

IN THE MATTER OF; NZ Fabrics Limited

......Plaintiff

-VERSUS-

South East Bank Limited and others.

-----Defendants

That the defendant No.3/pepitioner Shinest Apparels Ltd. most respectfully.

SHEWETH:

1. That the plaintiff filed this Summary Suit against the defendant-opposite parties praying for a decree for USD 5,65,301.25(US Dollar Five Lac Sixty Five Thousand Three Hundred Once and Twenty Five) only equivalent to Tk. 4,80,50,606.20 (Four Core Eighty Lac Fifty Thousand Six Hundred Six and Paisa Twenty) only on 01.03.2021.
2. That the defendant No.3 received the court summon of this suit on 07.09.2021 and now intend to appear and defend the suit. There are various triable issues in this instant suit viz. the L/C documents upon which the plaintiff is claiming, where not accepted by the defendants. Moreover, the defendant not yet collected all the necessary papers and documents related to this suit. So, some days’ required for submitting the Written Objection.

WHEREFORE it is humbly prayed that your Honour would graciously be pleased to accept the power of the Defendant No.03 for leave to appear and defend the instant suit and allow time to submit the Written Objection.

And for this act of kindness the plaintiff Applicant as in duty bound and shall ever pray.

AFFIDAVIT

1.  KADERUJAMAN, aged about 31 years, S/o, ABDUL AZIZ, SR. MERCHANDISER, of Shinest Apparels Ltd. Address: Azim Tower Plot- 217/1, Baribadh, Mohammadpur, Dhaka-1207, profession service, by faith Muslim, Nationality Bangladeshi by birth, do hereby solemny affirm and say as follows:

1. That I am the officer and authorized representative of the Defendant No. 3/petitioner of this Suit and as such fully acquainted with the facts and circumstances of this suit and competent to swear this Affidavit.

2. That the statement of facts made in this petition are true to my knowledge and matters of records, which I  verily  believe  to  be  true  and  the  rests  are submission before this learned Court and in witness whereof I swear this affidavit and sign below on this the 16th September 2021 at 10.45 a.m.

Sd:/-Illegible

----------------

DEPONENT

The deponent is known to me and identified by me and signed this name in front of me.

AcÉ  16/09/2021  Cw  ®j¡a¡−hL  --h¡w  a¡¢lM  ®hm¡  10.45  Sd:/- Sultan Mahmud Bhuiyan O¢VL¡u Y¡L¡l ®Sm¡ SS Bc¡m−a Bj¡l pÇj¤−M Ef¢ÙÛa qCu¡  Advocate

paÉf¡Wf§hÑL Ef−l¡š² ®O¡oe¡ L¢l−mez ®O¡oe¡L¡l£ HX−i¡−LV  Dhaka Judge Court

Se¡h p¤ma¡e j¡qj¤c i¥Cu¡ La«ÑL pe¡š²L«az  A Rahman & Associates

ü¡x/- AØfø  Suit No. 801, Pltan Tower (8th Floor) L¢jne¡l  87 Purana Paltan Line, Dhaka-1000 16/09/2021 Cw --------------------------

ADVOCATE

…l¦aÄf§ZÑ ¢hd¡u −Sm¡ SS, Y¡L¡ La«ÑL p¡j¡l£ −j¡LŸj¡ ew- 03/2021-H fÐcš ¢hNa Cw−lS£ 09.09.2021 a¡¢l−Ml 05 ew B−cn¢V ¢e−jÀ A¢hLm Ae¤¢mMe q−m¡x-

“−Sm¡- Y¡L¡

−j¡L¡jx ®Sm¡ SS Bc¡ma, Y¡L¡

Ef¢ÙÛax Se¡h ®j¡q¡Çjc nJLa Bm£ ®Q±d¤l£

−Sm¡ SS, Y¡L¡z

p¡j¡l£ ®j¡LŸj¡ ew- 03/2021

NZ Fabrics Limited.

........... clM¡Ù¹L¡l£/h¡c£.

-Versus-

South East Bank Limited and others

......... Defendants.

œ²¢jL ew  B−c−nl a¡w

09.0095.2021  AcÉ L.C.R. fË¡¢ç, ®e¡¢Vn ®glv J X¡L l¢nc c¡¢M−ml SeÉ ¢ce

d¡kÑÉ B−Rz h¡c£f−r q¡¢Sl¡ ¢cu¡−Rz 2ew ¢hh¡c£ f−r q¡¢Sl¡ ¢cu¡−Rz 2ew ¢hh¡c£fr HLM¡e¡ clM¡Ù¹ c¡¢Mm L¢lu¡ h¢eÑa L¡l−e pj−ul fË¡bÑe¡ L¢l ¡−Rz

2ew fТaf−rl c¡¢Mm£ Aœ ®j¡LŸj¡ fË¢aà¢åa¡ Ll¡ pq Bf¢š c¡¢M−ml SeÉ pj−ul clM¡Ù¹ j”¤l Ll¡ q−m¡z BN¡j£ Cw 25/10/2021 a¡¢lM Bf¢š c¡¢M−ml SeÉ ¢ce d¡kÑÉ Ll¡ q−m¡z

Bj¡l Sh¡e£−a j¤¢âa J pw−n¡¢da

ü¡/- H, HCQ, Hj q¡¢hh¤l lqj¡e i¨yCu¡ ü¡/- −j¡q¡Çjc nJLa Bm£ ®Q±d¤l£ −Sm¡ SS, Y¡L¡z −Sm¡ SS, Y¡L¡z”

h¡c£-clM¡Ù¹L¡l£ a¡l BlS£l 5ew fÉ¡l¡u h−m−Re ®k, “upon receiving the

said proforma invoices, the defendant no.3 had its banks, the defendant no.1 and 2 open 4 Letter of Credit (LCs) making the plaintiff the beneficiary of the said LCs. The LCs were issued

under United Customary Practice for documentary credit (UCPDC) 600. The INCORTERM for the transaction were selected to be “Carriage Paid To (CPT)” Hhw 6ew fÉ¡l¡u h−m−Re ®k, admittedly, after receiving the said LC’s, the plaintiff produced

all fabrics required under the said LCs, hired carrier and delivered finished goods to the designated place of the defendant

no.3 and the defendant no.3, being satisfied with the goods, received the same by accepting “delivery chalans” of the plaintiff.

h¡c£-clM¡Ù¹L¡l£l BlS£l Ef¢l¢õ¢Ma fÉ¡l¡ 5 Hhw 6 fkÑ¡−m¡Qe¡u H¢V L¡y−Ql ja Øfø

®k, Aœ Letter of Credit (LC) p¢WL ab¡ H¢Vl pÇf¡ce fËnÀ¡a£az p¤al¡w h¡c£-clM¡Ù¹L¡l£ Aœ Letter of Credit (LC) ®L¡e SÅ¡m ¢Lwh¡ fËa¡lZ¡j¤mLi¡−h pª¢Sa ®L¡e c¢mm eu j−jÑ ü£L¡l L−lez

h¡c£-clM¡Ù¹L¡l£l BlS£l hš²hÉ ®j¡a¡−hL ‘acceptance’ f¡Ju¡l SeÉ 3ew ¢hh¡c£

hl¡h−l h¡c£-clM¡Ù¹L¡l£ pLm L¡NSfœ c¡¢Mm Ll¡ p−šÆJ 3ew ¢hh¡c£ ‘acceptance’ fËc¡e e¡

L−l h¡c£-clM¡Ù¹L¡l£l L¡NSfœ ®gla ®ce Hhw 1 J 2 ew ¢hh¡c£ ¢LR¤ AfË−u¡Se£u discrepancies Hl AS¤q¡−a h¡c£l L¡NSfœ ®hBCe£i¡−h cM−m ®l−M−Rez

ü£L«aj−aC, h¡c£-clM¡Ù¹L¡l£l Letter of Credit (LC)¢V Cp¤É q−u¢Rm United

Customary Practice for documentary credit (UCPDC) 600  Hl BJa¡u z

United Customary Practice for documentary credit (UCPDC) 600 Hl Article 1 ¢e−jÀ A¢hLm Ae¤¢mMe qmx

“UCP 600 Article 1

Application of UCP

The Uniform Customs and Practice for Documentary Credits, 2007 Revision, ICC Publication no. 600 (UCP0 are rules that apply to any documentary credit (“credit”) (including, to the extent to which they may be applicable, any standby letter of credit) when the text of the credit expressly indicates that it is subject to these rules. They are binding on all parties thereto unless

expressly modified or excluded by the credit.” Ef¢l¢õ¢Ma Ae¤−µRc 1 fkÑ¡−m¡Qe¡u H¢V Øfø fË¢auj¡e ®k, United Customary Practice for documentary credit (UCPDC) 600  Hl  Article 1

®j¡a¡−hL Cp¤ÉL«a pLm Letter of Crdit (LC) Hl ®r −œ  UCP 600 ®j−e LC Hl Qm−a pLm fr h¡dÉz

…l¦aÅf§ZÑ ¢hd¡u  UCP 600- Article 4  ¢e−jÀA¢hLm Ae¤¢mMe q−m¡x

UCP 600- Article 4

Credits V. Contracts

1.                A credit by its nature is a separate transaction from the sale or other contract on which a may be based. Banks are in no way concerned with or bound by such contract, even if any reference whatsoever to it is included in the credit. Consequently, the undertaking of a bank to honour, to negotiate or to fulfill any other obligation under the credit is not subject to claims or defences by the applicant resulting from its relationships with the issuing bank or the beneficiary.

A beneficiary can in no case avail itself of the contractual relationships existing between banks or between the applicant and the issuing bank.

2.               An issuing bank should discourage any attempt by the applicant to include, as an integral part of the credit, copies of the underlying contract, proforma invoice and the like.

UCP 600- Article 4  fkÑ¡−m¡Qe¡u H¢V Ly¡−Ql ja Øfø ®k, ‘beneficiary’  ab¡ Aœ h¡c£ clM¡Ù¹L¡l£l p¡−b hÉ¡w−Ll p¡−b Aœ

¢hh¡c£-fТah¡c£N−Zl ®L¡el©f BCeNa, Q¤¢š²Na h¡ AeÉ−L¡el©f pÇfLÑ pª¢ø qu e¡C k¡ à¡l¡ Aœ h¡c£-clM¡Ù¹L¡l£l ®L¡e fÐL¡l BCeNa A¢dL¡l ¢hh¡c£- fТah¡c£N−Zl Efl pª¢ø quz UCP 600- Article 4 −j¡a¡−hL Aœ h¡c£- clM¡Ù¹L¡l£l Letter of Credit (L/C) Hl beneficiary ¢q−p−h Aœ ¢hh¡c£-fТah¡c£ hÉ¡w−Ll ¢hl¦−Ü ®L¡el©f BCeNa L¡kÑœ²j l¦S¤ Ll¡l qLc¡l e−qz

ü£L«a j−aC hÉ¡wL Aœ h¡c£-clM¡Ù¹L¡l£ hl¡h−l fœ ®fÐl−Zl j¡dÉ−j UCP 600- Article 14(b), 16(b)  Hhw  16(c)  Ae¤k¡u£ discrepancies B−R j−jÑ  h¡c£-clM¡Ù¹L¡l£−cl−L S¡e¡ez ¢L¿º h¡c£- clM¡Ù¹L¡l£ Eš²  discrepancy  ¢ho−u ®L¡el©f fc−r f NËqZ e¡ L−l ¢eÕQ¤f h−p b¡−Lz Efl¿º Aœ ®hBCe£ Hhw BCeNa LaѪaÅ h¢qiѨa ¢jbÉ¡ j¡jm¡ Bc¡m−a c¡−ul L−lz

…l¦aÅf§ZÑ ¢hd¡u UCP 600- Article 14(b) ¢e−jÀ A¢hLm Ae¤¢mMe q−m¡x

UCP 600- Article 14

Standard for Examination of Documents

1. ------------------------------------
2. A nominated bank acting on its nomination, a confirming bank, if any, and the issuing bank shall each have a maximum of five banking days following the day of presentation to determine if a presentation is complying. This period is not curtailed or otherwise affected by the occurrence on or after the date of presentation of any expiry date or last day for presentation.
3. ------------------------------------

…l¦aÅf§ZÑ ¢hd¡u UCP 600- Article 16(b), (c) ¢e−jÀ A¢hLm Ae¤¢mMe q−m¡x

UCP 600- Article 16

Discrepant Documents, Waiver and Notice

1. ------------------------------------

2.               When an issuing bank determines that a presentation does not comply, it may in its sole judgment approach the applicant for a waiver of the discrepancies. This does not, however, extend the period mentioned in sub-article 14(b).
3.                When a nominated bank acting on its nomination, a confirming bank, if any, or the issuing bank decides to refuse to honour or negotiate, it must give a single notice to that effect to the presenter.

The notice must state:

1. that the bank is refusing to honour or negotiate; and
2. each discrepancy in respect of which the bank refuses to honour or negotiate; and
3. (a) that the bank is holding the documents pending further instructions from the presenter; or

(b)              that the issuing bank is holding the documents until it receives a waiver from the applicant and agrees to accept it, or receives further instructions from the presenter prior to agreeing to accept a waiver; or

(c)               that the bank is returning the documents; or

(d)              that the bank is acting in accordance with instructions previously received from the presenter.

4. ------------------------------------

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UCP 600-Article 5

Documents v.Goods, Service or Performance

Banks deal with documents and not with goods, services or performance to which the documents may relate.

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