Judgment:
ORDER
CS No.217 of 2006 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction DULAL KANTI CHOWDHURY Versus NIYAZ AHMED & ORS.BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date: 12th November, 2013.
Appearance: Mr.V.N.
Dvivedi, Advocate ...for the plaintiff.
Mr.Rupak Ghosh, Advocate ...for defendant No.2.
The Court: parties, by After consent, hearing the the following learned documents counsel are for marked the as plaintiff’s exhibits: Sl.
No.Description of Documents Exhibit Number 1.
Xerox copy of Irrevocable Letter of Credit No.0946-05-01-0118 dated February 24, 2005 for a sum of US $ 57,000 issued by the defendant No.2 A2 Xerox copy of Irrevocable Letter of Credit No.0946-05-01-0124 dated February 26, 2005 for a sum of US $ 57,000 issued by the defendant No.2 B3 Xerox copy of Irrevocable Letter of Credit No.0946-05-01-0212 dated April 6, 2005 for a sum of US $ 57,000 issued by the defendant No.2 C4 Xerox copy of Irrevocable Letter of Credit No.0946-05-01-0218 dated April 6, 2005 for a sum of US $ 57,000 issued by the defendant No.2 D5 Xerox copy of Swift message dated 12th May 2005 issued by Defendant No.2 E6 Xerox copy of Swift message dated 12th May 2005 issued by F Defendant No.2 7.
Xerox copy of Swift message dated 17th May 2005 issued by Defendant No.2 G8 Xerox copy of Swift message dated 1st June 2005 issued by Defendant No.2 H9 Xerox copy of the letter dated 28th April 2006 written by the defendant No.3 to the Governor, Bangladesh Bank.
I10 Xerox copy of the communication issued by the High Commission of India in Dhaka dated 10th May 2006 to the Minister (E&C).Bangladesh J11 Xerox copy of letter dated 24th March 2006 written by the defendant No.3 to the General Manager, Department of Banking Inspection, Bangladesh Bank K12 Letter dated 04.09.2005 issued by defendant No.2 to defendant No.3 L13 Letter dated 15.09.2005 by defendant No.2 to defendant No.3 M14 Letter dated 11.09.2005 issued by defendant No.2 to defendant No.3 N15 Copy of plaint filed in Arth Rin Suit No.115 of 2005 in the Arth Rin Adalat, 3rd Court, Dhaka (National Bank LTD.–vs.- Md.Niyaz Ahmed) O16 Letters of Credit P17 Copy of letter dated 25th July 2005 written by defendant No.2 to defendant No.3 Q18 Copy of the letter dated 27th July 2005 written by defendant No.2 to defendant No.3 R19 Copy of the letter dated 28th July 2005 written by defendant No.2 to defendant No.3 S20 Copy of the letter dated 30th July 2005 written by defendant No.2 to defendant No.3 T21 Copy of the letter dated 7th September 2005 written by the defendant No.2 to defendant No.3 for returning the documents pertaining to three letters of credit for second time U22 Copy of the letter dated 11th September 2005 written by defendant No.2 to defendant No.3 for returning the documents pertaining to three letters of credit for second time V23 Copy of the letter dated 15th September 2005 written by defendant No.2 to defendant No.3 for returning the documents pertaining to three letters of credit for second time W24 Five swift messages from National Bank Ltd., the defendant No.2 to the defendant No.3 X25 Letter from Vijaya Bank dated 27.07.2005 to National Bank LTD.Y26 Four letters from National Bank LTD.to Vijaya Bank dated 25.07.2005, 27.07.2005, 28.07.2005 and 30.07.2005 Z27 Three swift messages from National Bank LTD.to Vijaya Bank AA28 Letter from Vijaya Bank dated 24.08.2005 to National Bank LTD.BB29 29.
Letters from National Bank LTD.to Vijaya Bank dated 27.08.2005 Three letters from National Bank LTD.to Vijaya Bank dated 07.09.2005, 11.09.2005 and 15.09.2005 CC DD30 Letter from Vijaya Bank to the Governor, Bangladesh Bank, Head Office, Dhaka dated 22.02.2006 EE31 Letter from Indo Bangladesh Joint Business Council to the Chief Manager of Vijaya Bank dated 12.05.2006 FF32 Letter from Bangladesh Bank, Head Office, Dhaka to the Chief Manager of Vijaya Bank Dated 21.06.2006 GG33 Letter from Vijaya Bank to the Director, Bangladesh Bank, Head Office, Dhaka dated 06.07.2006 HH34 Letter from Mr.D.N.
Srivastava, Minister (E&C) High Commission of India, Dhaka addressed to National Bank Ltd., Dhaka dated 12.07.2006 II35 Letter from Mr.D.N.
Srivastava, Minister (E&C) High Commission of India, Dhaka addressed to National Bank LTD.dated 01.08.2006 JJ36 Letter from National Bank LTD.dated 30.08.2006 to Mr.D.N.
Srivastava, Minister (E&C) High Commission of India, Dhaka KK Out of the aforesaid documents, the documents corresponding to Serial Nos.24, 25, 27, 28, 29, 30, 31, 32, 33, 34 and 35 are common documents relied upon by both the parties and are marked as plaintiff’s documents as above.
The suit shall appear in the monthly list of December 2013 for further examination of the plaintiff’s witness.
All parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(SOUMEN SEN, J.) S.
Kumar A.R.(C.R.)