- (1.) THE Judgment of the Court was as follows: This writ application is directed against detention of trucks carrying consignments of fabrics and garments of the petitioner for export to Bangladesh.
(2.) THE petitioner claims to carry on business inter alia of import and export of fabrics and garments. According to the petitioner, the petitioner received a purchase order from one M/s. B. M. Dress Line of Dhaka, hereinafter referred to as the foreign buyer, for supply of synthetic fabrics. THE said foreign buyer, it is claimed, opened an irrevocable letter of credit dated 18th July, 2010. Pursuant to the aforesaid order the petitioner exported 12,000 metric tonnes of synthetic fabrics to the foreign buyer. By a letter dated 20th July, 2010, the petitioner offered to sell to the foreign buyer, its stock of 1,11,080 metres of different varieties of synthetic fabrics in a lot of 7126 Kgs. at the attractive rate of 3 U.S.$ for per kilogram, 1007 pieces of synthetic sarees at the rate of 9 U.S. $ per piece, and 9 Ornis at 1 US $ per piece.
(3.) ACCORDING to the petitioner, the petitioner offered the foreign buyer a low price, for stocks which had been lying with the petitioner for some time, having regard to its long standing business relationship with the foreign buyer. After exchange of some correspondence, the foreign buyer agreed to purchase the entire lot of fabrics, synthetic sarees and ornis at the rate offered by the petitioner, i.e. fabrics at 3 U.S. Dollar per Kg. for the synthetic fabrics and 9 US $ per piece for the synthetic sarees and 1 US $ per piece for the Ornis. On 12th August, 2010 the foreign 'buyer amended the letter of credit.;