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november 1968

Supreme Court of India · 1968-11-26

TARAPORE & CO., MADRAS vs M/S. V/O TRACTORS EXPORT, MOSCOW AND ANR.

Citation / case number
SC 1968/60146
Court
Supreme Court of India
Petitioner
TARAPORE & CO., MADRAS
Respondent
M/S. V/O TRACTORS EXPORT, MOSCOW AND ANR.
Bench
HEGDE, K.S.

Judgment text excerpt

The Supreme Court held that an irrevocable letter of credit operates independently of the underlying contract and should not be interfered with by courts except in exceptional circumstances, as it is crucial for international trade. The Court ruled that the appellant's claim of the respondent's lack of assets in India was not substantiated in the pleadings and did not constitute fraud. The appeal against the High Court's reversal of the temporary injunction was dismissed, affirming the autonomy of the letter of credit under commercial practice.

TARAPORE & CO., MADRAS vs M/S. V/O TRACTORS EXPORT, MOSCOW AND ANR. · Niyam