1988 (9) TMI 367 - HC - Indian Laws

Summary

Issues Involved:
1. Entitlement of an intermediary bank to a refund after paying on a discounted bill when the foreign bank does not exist.
2. The role and obligations of the intermediary bank in the context of an irrevocable letter of credit.
3. The liability of the drawer and indorser of a bill of exchange under the Negotiable Instruments Act.

Detailed Analysis:

1. Entitlement of an Intermediary Bank to a Refund:
The main issue is whether an intermediary bank, which merely communicated the letters of credit opened by a foreign bank, is entitled to a refund of the amount paid to a person who discounted the bill drawn by the beneficiary, after it is discovered that the foreign bank never existed. The court held that the plaintiff (intermediary bank) acted only as an agent for collection and did not open any letter of credit. Therefore, the plaintiff is entitled to get back the money paid to the first defendant, as the bill of exchange was dishonored due to the non-existence of the foreign bank.

2. Role and Obligations of the Intermediary Bank:
The court referred to the principles governing a letter of credit as stated in Halsbury's Laws of England and the Uniform Customs and Practice for Documentary Credits. It was emphasized that the plaintiff bank was expressly asked by the foreign bank not to add its confirmation to the letter of credit. The plaintiff merely notified the beneficiary about the letter of credit without giving any assurance or confirmation. The court rejected the contention that there was an implied guarantee by the plaintiff regarding the creditworthiness of the foreign bank. The plaintiff's role was limited to notifying the seller about the letter of credit, and it did not venture to give any express or implied assurance.

3. Liability under the Negotiable Instruments Act:
The court noted that the first defendant had discounted the bills of the seller, and the plaintiff had accepted the endorsement and paid the amount to the first defendant. The payment was made based on the discounted bills by a customer of the bank, not solely on the strength of the letter of credit. Under Section 30 of the Negotiable Instruments Act, the drawer of a bill of exchange is bound to compensate the holder in case of dishonor, provided due notice of dishonor has been given. Similarly, under Section 35, an indorser is liable to compensate the holder for any loss or damage caused by dishonor, provided due notice has been given. The court confirmed that due notice of dishonor had been given to both the first defendant and the 9th defendant (seller). Therefore, the plaintiff, as the holder of the dishonored bill of exchange, is entitled to claim back the amount paid to the first defendant.

Conclusion:
The judgment and decree passed by the trial court were upheld, and the appeal was dismissed with costs. The court concluded that the plaintiff bank, acting as an intermediary, is entitled to a refund of the amount paid on the dishonored bill of exchange, as it fulfilled its role without any confirmation or guarantee of the foreign bank's existence. The liability of the drawer and indorser under the Negotiable Instruments Act was also affirmed.