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Judgment
The examination-in-chief of the plaintiff’s witness is concluded. As had been suggested to counsel for the parties earlier, there are several
documents of the Judge’s Brief which have been admitted by the defendant and this would be evident from a letter dated 20th August, 2018 from
the respective advocate-on-record of the plaintiff to the defendant where a series of the plaintiff’s documents have been admitted by the
defendant pursuant to discussions between counsel.
A list of such documents has been handed over to the Court and submitted by counsel for the plaintiff that all these documents have been admitted by
counsel representing the defendant no.1 and should be, accordingly marked as exhibits without going through the rigours of an examination-in-chief.
As agreed by the parties, let the documents, save and except serial nos.2, 3, 4 and 5 which have already been marked as exhibits during the
examination-in-chief of plaintiff’s witness, be marked as exhibits.
Proforma Invoice dated 14.10.1999 being no. DAL/BG/45 is marked as Exhibit-O.
Letter of Amendment dated December 21, 1999 issued by the Dutch Bangla Bank Limited is marked as Exhibit-P.
Letter of Amendment dated January 11, 2000 issued by the Dutch Bangla Bank Limited is marked as Exhibit-Q.
Letter of Amendment dated January 15, 2000 issued by the Dutch Bangla Bank Limited is marked as Exhibit-R.
Letter of Amendment dated February 3, 2000 issued by the Dutch Bangla Bank Limited is marked as Exhibit-S.
Letter dated February 1, 2000 issued by the Bank of India asking for reimbursement from the reimbursing bank in respect of the first consignment
is marked as Exhibit-T.
Telex Message dated February 3, 2000 issued by the Bank of India to the defendant no.1 requesting them to honour their claim immediately is
marked as Exhibit-U.
Letter dated February 9, 2000 issued by the Bank of India claiming reimbursement from the reimbursing Bank in respect of the second consignment
is marked as Exhibit-V.
Letter dated February 9, 2000 written by the plaintiff to the defendant no.1 is marked as Exhibit-W.
Telex Message dated February 10, 2000 issued by the defendant No.1 to Bank of India, Calcutta is marked as Exhibit-X.
Telex Message dated February 10, 2000 issued by the defendant No.1 to Arab Bangladesh Bank is marked as Exhibit-Y.
Telex Message dated February 10, 2000 issued by the Arab Bangladesh Bank to the Bank of India is marked as Exhibit-Z.
Letter dated February 11, 2000 issued by the Arab Bangladesh Bank to the Bank of India is marked as Exhibit-AA.
Letter dated February 12, 2000 written by the defendant No.2 to the defendant No.1 requesting the defendant No.1 to make payment of the entire
amount to the beneficiary i.e. the plaintiff is marked as Exhibit-AB.
Telex Message dated February 19, 2000 issued by the defendant No.1 to Bank of India, Calcutta is marked as Exhibit-AC.
Letter dated February 21, 2000 issued by the Bank of India to the defendant No.1 refuting the allegations made by the defendant No.1 is marked
as Exhibit AD.
Telex Message dated February 22, 2000 issued by the defendant No.1 to Bank of India, Calcutta is marked as Exhibit-AE.
Telex Message dated February 24, 2000 issued by the defendant No.1 to Bank of India, Calcutta is marked as Exhibit-AF.
Telex Message dated February 29, 2000 issued by the Bank of India to the defendant No.1 requesting immediate payment is marked as Exhibit-
AG.
Two Telex Messages dated March 1, 2000 issued by the defendant no.1 to Bank of India, Calcutta is marked as Exhibit-AH.
Letter dated March 7, 2000 issued by the defendant No.2 unconditionally accepting the alleged discrepancies and requesting the defendant No.1 to
make payments of the total amount to the negotiating Bank is marked as Exhibit-AI.
Telex Message dated March 9, 2000 issued by the defendant No.1 to Bank of India, Calcutta is marked as Exhibit-AJ.
Letter dated March 10, 2000 issued by the Bank of India to the Governor, Bangladesh Bank for instructing the defendant no.1 to release payment
is marked as Exhibit-AK.
Letter dated March 13, 2000 issued by the Bank of India to the General Manager, Bangladesh Bank, requesting him to direct the defendant No.1
to honour its commitments is marked as Exhibit-AL.
Letter and Telex Message both dated March 19, 2000 issued by the defendant No.1 to the Bank of India returning the original and duplicates of
the documents stated therein is marked as Exhibit-AM. List this matter on 22nd November, 2018 for cross-examination of the plaintiff’s witness.