1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 1094 OF OF 2001 Kira Exports ...Plaintiffs. Vs. Oman International Bank & Ors. ...Defendants. Mr. Chetan Kapadia i/by K. Ashar & Co. for the plaintiffs. None for the defendants. CORAM :- ANOOP V. MOHTA, J. DATED :- 23rd JUNE, 2009. JUDGMENT :- 1. The basic averments of the plaintiffs including the prayers remained uncontraverted. None appeared for defendant no. 2 who is contesting defendant. An affidavit of evidence/examination of chief is also filed on 18th June 2009 alongwith list of documents on which the plaintiffs wants to rely. 2. In view of the averments made, the documents as filed and as remained uncontraverted, on all grounds, are marked exhibits “A” to “H” respectively. The learned counsel appearing for defendant no. 1 SKT/- 2 has filed their affidavit not contesting the suit and basically the averments made against defendant no. 2. The statement is also made that they don’t want to cross examine the plaintiff’s witness. As already recorded none appeared for defendant no.2. The suit is listed again under the caption of Exparte Decree. 3. This Court has already granted ad-interim relief in terms of prayer clause (a) of the Notice of Motion, which is the prayer clause (b) of the suit. 4. In view of the above, the present suit is decreed in terms of prayer clauses (a), (b) and (c) which reads as under : (a) that this Hon’ble Court be pleased to declare that the plaintiffs are not liable to make any payment whatsoever to the 2nd defendant in respect of the consignment of leather under Invoice No. 2916 dated 20th February 2001. (b) that this Hon’ble Court be pleased to issue a permanent order of injunction restraining the 1st defendant by themselves, their agents, servants or otherwise from in any manner making any payment whatsoever to the 2nd defendant under the letter of Credit No. BOM 010013 dated 5th February 2001. (c) that this Hon’ble Court be plesed to issue a permanent order restraining the 2nd defendant by SKT/- 3 themselves, their servants, agents or otherwise from making any claim whatsoever under the letter of Credit No. BOM 010013 dated 5th February 2001. 5. The refund of Court fees, if any, in accordance with law. 6. No costs. (ANOOP V. MOHTA, J.) SKT/-