IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 248 of 2009(D) ------------------------ PETITIONER(S): --------------- N. NANDAKUMAR, MANAGING PARTNER, SHASTHA ENTERPRISES, BEACH ROAD,KOLLAM - 691 001. BY ADV. SRI.B.SURESH KUMAR RESPONDENT(S): --------------- 1. VIJAYA BANK, KOLLAM. 2. BAIJU, M/S. VALENCY INTERNATIONAL TRADING PVT LTD UNION DRIVING SCHOOL BUILDING, ASHRAMAM ROAD, KOLLAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.248 OF 2009 ------------------------ Dated this the 14th day of January, 2009. JUDGMENT 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. In terms of the contract, it would appear that the letter of credit was also furnished. According to the petitioner second respondent is the agent of the seller. Petitioner states that the cargo supplied by the 2nd respondent did not meet the quality specifications. As according to the petitioner quality specifications were not complied with he is not liable to pay the supplier and consequently the Bank is not liable to honour the letter of credit that is issued. According to the petitioner Inspection Agency has inspected the cargo and their findings support what the petitioner contends. It is on that basis, the petitioner seeks a writ of mandamus to the WP(c).No.248/09 2 first respondent bank not to make payment to the aforesaid seller for the LC amount referred to in Ext.P13. In my view, this is not an issue which can be resolved in a writ petition. Essentially, the question is whether the seller has committed breach of the contract of supply in so far as the quality specifications are concerned. The question whether the LC is to be honoured or not will depend upon a factual finding on that aspect. This is not an issue which can be adjudicated and resolved in a writ petition. Writ Petition fails and is dismissed, leaving it open to the petitioner to pursue his remedies before the appropriate forum. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.248/09 3