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Showing contexts for: export on mango in M/S Phalada Agro Research Foundation ... vs M/S Ghousia Food Products (P) Ltd on 8 February, 2023Matching Fragments
14. Pw1 states that the plaintiff has the license to export organic mango pulp. Ex.P49, certificate of registration of the plaintiff with Agricultural and Processed Food Products Export Development Authority, Ministry of Commerce and Industries, Government of India, produced to substantiate the same, shows that the plaintiff is recognized as the manufacturer and merchant of various products like dried and preserved vegetables, mango pulp, other processed fruits and vegetables, honey, cereal preparations alcoholic and non alcoholic beverages etc.
29. As per another email of the plaintiff dated 19.07.2021 they had received the complaints from the customer alleging that black oil was running out from the bottom of some drums and the warehouse ground was contaminated; there were white moulds on the bottom surface of the drums; several drums were not sealed; on opening the drum cover, the bags were found to be open and not aseptic anymore.
30. The photos attached by the plaintiff with the email Ex.P38 speak to the effect that organic Alphonso mango pulp was exported to Arab Beverages by the plaintiff claiming to be the last processor of the product. As admitted by Pw1 there is nothing in Ex.P1 and P2 to show that the plaintiff intended to export the pulp to a foreign buyer and order related to 100% natural Alphonso mango pulp whereas the plaintiff is into exporting organic mango pulp.
34. But as admitted by Pw1, besides the defendant the plaintiff has been procuring mango pulp from other local dealers also for exporting the same. The purchase order is confirmed only after approval of the sample. The plaintiff purchased natural mango pulp from the defendant, but supplied organic mango pulp to the foreign buyers. The defendant is not a party to the transactions under Ex.P49 to P58 and the same relates to export of organic mango pulp by the plaintiff.
40. For the forgoing reasons and having regard to the categorical statement of Pw1 that there is nothing in Ex.P50 to P58 to say that the mango pulp supplied by the defendant was exported thereunder, I am of the considered opinion that the plaintiff has failed to prove that they exported the mango pulp worth Rs.30,41,342.08 supplied by the defendant between 01.04.2020 to 17.07.2021 or that the same was of inferior quality, resulting in its rejection by the foreign buyer. Accordingly, the issue for consideration is answered in the negative.