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ABDUL KADIR JANGDA versus MY BANK LTD.


Sections 9 and 15 of the Negotiable Devices Act (XXVI of 1881), Sections 5, 9 and 13 of the International Chamber of Commerce Uniform Customs and Practice for Credits Credit, 1995 Review, ICC Publication No. 522, Arts 1 (b) 8, 9 and 24 Civil Procedure Code (V8 of 1908), OXXIX, Rr 1 and 2 suits advance for the lender to export the goods through the lending bank to the mortgaged real estate bank. In order to receive the money, the agent was required to submit a bill exchange and then, following the instructions, the borrower's depositing agent will collect the receipt or documents. No direct or failure in terms of foreign exchange in return for which he made no move. Receipts of remittances in foreign exchange were received by the plaintiff bank in advance through the mortgage of the property. Such amount was already settled and disclosed in the export cover document and documents. Documents submitted for the deposit in the defendant's bank did not violate any provision of the law, in which case the borrower's request for a temporary injunction was dismissed

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