- (1.) The petitioners have filed this writ application claiming, inter alia, the following reliefs :- "(a) A writ and/or in the nature of certiorari do issue calling upon the respondent Nos. 1 and 2 and each of them, their men, agents, subordinates and servants to forthwith certify and transmit to this Hon'ble Court the records of this case culminating to issue of the impugned letters dated 14-12-1994 and 26 -5-1995, being Annexures V and X to this petition so that upon consideration thereof the same may be quashed and conscionable justice may be done;(b) A writ and/or in the nature of Mandamus do issue directing the respondent Nos. 1 and 2 and each of them, their men, agents servants, subordinates to :(i) act in accordance with law;(ii) withdraw, recall, rescind and/or cancel the impugned letters of rejection of the claim of your petitioner No. 1, being, Annexures V and X to this petition, forthwith;(iii) desist from giving any effect or further effect of from acting in terms of or in furtherence of the said impugned letters of rejection dated 14-12-1994 and 26-5-1995, being Annexures V and X hereto, in any manner whatsoever;(iv) to make payment of the dues of the petitioners under the Contract of Insurance/Policy cover issued by the respondent No. 1 to the petitioner No. 1 in respect of export of tea to Kazakhstan."
(2.) . The basic fact of the matter is not much in dispute.
(3.) On or about 26th August, 1993 Rassik Woodworth Ltd. (hereinafter referred to as RWL) entered into a contract with M/s. RVO Kazpishepromsyrio, a State owned corporation of Kazakhstan (hereinafter referred to as Kazak Corporation) for supply of 3,000 Metric Tons of tea. Such export was to be made by barter within 120 days of the date of delivery, failing which the payment thereof was to be made in U.S. $. The payment for such export is said to be covered by sovereign guarantee furnished by Government of Kazakhstan.On 2nd Sept. 1993 RWL informed the first respondent (hereinafter referred to as ECGC) thereabout, in reply whereto the ECGC in terms of its letter dated 8th Sept. 1993 wanted certain information and confirmed that subject to obtaining its satisfactory information and insurance covered would be provided for such shipment. Such request on the part of the ECGC was allegedly clarified by RWL in terms of its letters dated 15/17-9-1993 as contained in Annexure 'E' to the writ application. The ECGC thereafter agreed in principle to cover the shipment to be made by RWL and sought for further clarifications which was also provided for.;