IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WA.No. 181 of 2009() ------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.248/2009 Dated 14/01/2009 .................... APPELLANT(S): PETITIONER IN WPC: ------------------------- N.NANDAKUMAR, MANAGING PARTNER, SHASTHA ENTERPRISES, BEACH ROAD, KOLLAM 691 001. BY ADV. MR.B.SURESH KUMAR RESPONDENT(S): RESPONDENTS IN WPC: ------------------------------ 1. VIJAYA BANK, KOLLAM. 2. BAIJU, M/S. VALENCY INTERNATIONAL TRADING PVT. LTD., UNION DRIVING SCHOOL BUILDING, ASHRAMAM ROAD, KOLLAM. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.C.J. & V.GIRI, J. -------------------------------------- W.A.No.181 of 2009 ------------------------------------- Dated 27th January, 2009 JUDGMENT Koshy, Ag.C.J . Appellant/petitioner is an importer of cashew and he had entered into a contract with M/s.Valency International Trading Pvt. Ltd., Singapore for supply of materials. According to the petitioner, second respondent is the agent of the company. Letter of Credit (LC) was opened with specifications. It is the case of the petitioner that since the quality specifications were not complied with, he is not liable to pay the supplier and consequently the Bank is not liable to honour the LC that is issued. Learned single Judge found that whether the seller has committed breach of the contract of supply etc. are matters to be considered elsewhere. Whether LC has to be honoured or not is not an issue which can be adjudicated in a writ petition. It is also submitted that petitioner has a remedy of arbitration. Whatever may be that, without prejudice to the right of the petitioner to pursue other remedies, this appeal is dismissed only on the question of maintainability. We make it clear that none of the W.A.181/2009 2 observations in this judgment as well as in the impugned judgment shall in any way affect the petitioner if other remedies are resorted to by the petitioner. J.B.KOSHY ACTING CHIEF JUSTICE V.GIRI JUDGE tks