Bombay High Court
Sovereign Metals Limited vs Apex Metals Limited on 12 August, 2024
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
15-IA(L)-24884-2024.doc
Arjun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.24884 OF 2024
IN
SUIT (L) NO.24789 OF 2024
Sovereign Metals Limited ...Applicant
IN THE MATTER BETWEEN
Sovereign Metals Limited ...Plaintiff
Versus
Apex Metals Limited & Ors. ...Defendants
______________________________________________________________
Mr. Vineet Naik, Senior Advocate a/w Mayur Khandeparkar, Dr. Pallavi
Divekar, Manasi Hirve & Aishwarya Shetty i/b M/s. Divekar & Co., for
the Applicant/Plaintiff.
Ms. Anamika Singh i/b IndusLaw, for Defendant No.4.
_______________________________________________________________
CORAM: MADHAV J. JAMDAR, J.
DATED: 12 AUGUST 2024 P.C.:
1. Heard Mr. Vineet Naik, for the Applicant/Plaintiff and Ms. Anamika Singh, learned Counsel for Defendant No.4.
2. Ms. Anamika Singh, learned Counsel for Defendant No.4 states that as far as both the letters of credit as mentioned in prayer clause (a) of Paragraph No.39 are concerned, Defendant No.4 has sent a letter to the Defedandent No.2 informing that the payment cannot be made under the subject LOC. She states that a letter sent by Defendant No.4 1 ::: Uploaded on - 13/08/2024 ::: Downloaded on - 14/08/2024 04:59:05 ::: 15-IA(L)-24884-2024.doc to Defendant No.2 inter alia reads as under:-
"As there has been no despatch of Gold Dore Bars by Apex Metals limited to Sovereign Metals Limited, India as per the terms of this SBLC, which has been confirmed by Apex Metals Ltd vide letter dated 15.07.24 to Sovereign Metals Ltd that they have not exported gold dore bars under this SBLC to the applicant. Hence, as per FEMA regulations in force, we cannot make payment for an Import which has not taken place and the Gold dore bars not received in India by the applicant within 90 days tenor of this SBLC. As the claim under this SBLC, does not comply with the terms and conditions of the SBLC. Hence, we deem that the claim under this SBLC null and void and we are not liable to make payment thereof. We close our files."
3. Ms. Anamika Singh, learned Counsel for Defendant No.4 seeks time.
4. Stand over to 30th August 2024.
[MADHAV J. JAMDAR, J.] 2 ::: Uploaded on - 13/08/2024 ::: Downloaded on - 14/08/2024 04:59:05 :::