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Judgment
The Court : I have heard the submissions made by counsel appearing for the plaintiff and the defendant nos.1, 2, 3, 6 & 7 and seen the issues
suggested by them. It appears that the defendant no.5, being an agent of defendant no.1 had also filed suggested issues sometime back but no one
appears for the defendant no.5 in court today. The issues as settled are:
1.- Whether the suit is maintainable in its present form as alleged by the defendants in their written statement?
2.- Whether the plaint discloses any cause of action against the defendants in the present suit as pleaded by the defendants in their written statement?
3.- Whether the defendants have acted in breach of the modalities as agreed between the parties and mentioned in paragraph 13 of the plaint?
4.- Whether the defendants have forged and manufactured documents as pleaded in the plaint?
5.- Whether the defendants have colluded and conspired with each other and have misrepresented the plaintiff?
6.- Whether the plaintiff and the defendant no. 2 have played fraud on each other?
7.- Whether the plaintiff is entitled to relief as prayed for in the plaint?
8.- Whether the plaintiff has any cause of action to file the said suit?
9.- Whether there was any agreement by and between the plaintiff and the defendant nos. 1 to 5 as pleaded in paragraph 13 of the plaint?
10.- Was the plaintiff entitled to invoke the Letter of Credit bearing L/C No. 086815010330 dated 22nd April, 2015 and L/C No.086815010372 dated
24th May, 2015 and 30th May, 2015 for US$ 152,500 and US$ 123,500 without exporting and delivering the said goods to the defendant no.2?
11.- Is the defendant no.5 at all a necessary party in this suit?
Discovery and inspection, if not done already, will be completed within a period of three weeks from date.
List this matter in the second week of January, 2019 for examination-in-chief of the plaintiff’s first witness.
In Re: GA 3090 of 2018
The application filed by the defendant no.2 for modifying the judgement dated 21st June, 2018 will be taken up in the first week of January, 2019 since
the appeal arising out of the said judgement is pending before the Division Bench.