RE: LEGAL OPINION REGARDING COMPLAINT CASE NO. ………. OF 2005 FILED BY COMPANY 1 IN THE COURT CHIEF JUDICIAL MAGISTRATE.
We have perused the contents of your letter dated 11.06.2006 alongwith copy of documents/papers referred to us. It appears that following our opinion Bank have requested to COMPANY 2to conduct the suit on Bank’s behalf, to arrange exclusion of Bank’s name from the captioned case on the ground of jurisdiction since the Bank have no branch in ….. and no officers of the Bank were physically present at the place of occurrence. COMPANY 2 reply has been received by the bank and it appears that COMPANY 2 opined, order of warrant can be executed against the Bank pursuant to Section 3 and Section 19 of the Extradition Act 1962. Now, we are requested to submit the jurisdiction and to choose between appearance and non-appearance and finally, our proposed defence for the considered opinion.
The captioned case filed on the basis of the international transaction through Letter of Credit No. 256129976 dated 01.03.1999 (the “L/C”) which was opened by BANK1. However, the L/C applicant requested the L/C opening Bank to cancel the L/C in question since, the Beneficiary of the L/C i.e. the Exporter i.e. the petitioner of the aforesaid case failed to ship the goods within the stipulated time as mentioned in the L/C. As a result the L/C opening Bank cancelled the said L/C and communicated the same in accordance. In consequence, the whole transaction came to an end and therefore, in connection of the said L/C no forgery and cheating have been committed by the L/C opening Bank.
Thus, we opine that as there is no question of committing forgery/cheating by the L/C opening Bank, it is expected that COMPANY 2 are to be requested by the Bank to file a petition on behalf of the Bank on the basis of aforesaid L/C transaction, and also in addition to the issue of jurisdiction of the Indian Court upon the Bank for striking out the name of the Bank from the captioned case. It would be beneficial to COMPANY 2 for filing the aforesaid petition, if the Bank could send all the copies of documents relating the said transaction. We are sending herewith all papers and documents which were sent to us.
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For: “The Lawyers & Jurists”