Document Fragment View

Matching Fragments

[1]. The present revision petition has been preferred by the petitioner against the order dated 31.08.2018 passed by Additional District Judge-cum-Commercial Court, Amritsar, vide which objections filed by the petitioner against the enforcement of foreign award dated 14.02.2014/07.05.2014 were dismissed. [2]. Petitioner is a registered firm. Since June 2012, one Mr. J.P. Brun was in contact with the petitioner firm through its 1 of 91 managing partner/respondent No.2. Mr. J.P. Brun is a broker. He had been writing to the petitioner on various occasions inter alia raising queries for various types of rice including Brown Cargo Traditional Basmati Rice, Pusa Cargo Brown Basmati Rice, Ranbir Traditional Cargo Brown Basmati Rice etc. for exporting about 500 MT per month shipment from India for different quantities and for different periods. The dialogue between the broker Mr. J.P. Brun and the petitioner started and thereafter, culminated into exchange of certain E-mails. The details of E-mails as brought on record by both the parties are admitted communications.

Vide the aforesaid E-mail, the broker wanted to know the best offer for Brown Pusa on C+F EU basis i.e. Eurofin Union (customer).
[4]. On 01.11.2012 at 13:12 PM, proforma respondent No.2 sent his quote and market report on Pusa, Traditional Basmati Rice and Ranbir. He quoted price for Brown Cargo Traditional Basmati Rice as USD 1033 Cnf, for Pusa Cargo Brown Basmati Rice as USD 928 Cnf and for Ranbir Traditinoal Basmati Rice as USD 897 Cnf. The price was inclusive of market charges of Marlus Brun, freight charges, testing charges for Eurofin for Aflatoxin, Dna and pesticides testing etc. The terms of payment was 100% cash against documents. In regard to terms of payment, respondent No.2 conveyed that he would like to have DNB report from his bankers on the buyer to comment on the terms of payment of DA so that he can take EGCG cover on the buyer. It was also communicated in the context of sharing buyers information so as to process the other formalities. [5]. On 18.11.2012, proforma respondent No.2 also communicated to Mr. J.P. Brun (broker) in the context of follow up after sending Basmati Price quotes. In order to explore possibility of working with the broker and giving best offers, earlier to the aforesaid E-mail, one E-mail was also sent on

3 of 91 14.11.2012 in confirmation of the price quote received by the broker and also to take further steps to move forward. On 22.11.2012, Mr. J.P. Brun (broker) sent an E-mail to respondent No.2 making some inquiry in respect of 2000 Mt of Brown Traditional Basmati new crop, Milled Traditional Basmati new crop, Brown Pusa Basmati new crop, Milled Pusa Basmati new crop about 240 MT per month from December until May 2013 in 20 containers in bulk, C+F Genova-I, including 1% commission payment at 60 days from B/L. Broker asked respondent No.2 to let him know his best prices. Respondent No.2 gave the quote for the aforesaid varieties of rice on 23.11.2012 to the broker. The prices quoted for different varieties were to the following effect:-

1. Brown Traditional Basmati New Crop USD 1200 CNF
2. Milled Traditional Basmati New Crop USD 1400 CNF
3. Brown Pusa Basmati New Crop USD 999 CNF
4. Milled Pusa Basmati New Crop USD 1195 CNF Interest @ 1% per month was to be added to the cost for 60 days payment. Terms subject to Euler Herms Receivable Insurance and EGCG cover from India with DNB report.
4 of 91 [6]. On 29.11.2012, the broker disclosed that he had two customers interested to buy Pusa Brown i.e.