subsequently changed to C&F basis by the Respondent.
e) Shipment Schedule - this continued to be discussed
between the parties for long ... Respondent" which included
arrangement of shipments and shipment specifications, terms of charter
party, shipment schedule, pricing, payment, inspection agency, opening
December, 1999 Glencore on behalf of the respondent forwarded "final shipment schedule" for 21 cargoes (which includes the option cargo). Thus the letter ... likely shipment schedule' but the 'final schedule'. The language of the letter dated 20th December also indicates that the final schedule was prepared
delivery schedule for second
consignment from 6.8.2021 to cut-off date 20.8.2021. On
13.7.2021, respondent No.2 further issued delivery schedule for
third shipment ... change in the shipment schedule. Respondent No.2 by further
communication dated 7.8.2021 informed the delivery schedule of
4th shipment of 75000 MTs from
therein.
Clause II of the Agreement provides as under:-
"II. Shipment Schedule : Arrival by November 07th, 2011 at
Indian discharge Port ... request of the seller the last date of shipment under Clause
No.II (Shipment Schedule of Contract No.-
IPL/EMMSONS/UREA/2011-12/27 DATED
contract for each shipment will be signed before shipments as per mutually agreed shipment schedule. As per production plan and stock of Iron ore available ... contract may be signed for each shipment separately before each shipment as per mutually agreed schedule.
C. The sequence of convergence of shipment of Iron
Cbi vs . (1) T. O. Joseph on 30 July, 2013
-1-
IN THE COURT OF
less 2% commission to
the respondent. The shipment schedule indicated that supply was to be
made in three stages as under :-
i) January - June ... drums each containing 25 kilos nett to
be sound and suitable for shipment
PRICE: @US$9.25 ( Nine US Dollars Twenty
Five Cents) per Kilo
dispute that under the contract and in compliance
with the schedule of shipment of cargoes incorporated in the contract, the
Respondent shipped to the Appellant ... five
shipments agreed to be supplied, there was an option cargo (sixth
shipment), which was to be confirmed by communication of likely
shipment schedule confirming
following matters under the contract -
(i) Review of nominations and shipments schedule;
(ii) supply on payment for and receipt of demurrage and despatch at unloading
petitioner exported the said goods after obtaining export licences against each shipment from the office of the Joins Controller of Imports and Exports in accordance ... biological study and the petitioner accepted the said order. The shipment schedule of the said contract was extended by the said American Co. from time
