case in hand, where the wrong date on BOL, as alleged,
caused great loss to the plaintiff. Considering the
nature of the transaction based on a contract of sale
of goods and thereafter the carriage of goods in such
transaction by sea, this mode of transportation
definitely has an international characteristics. The
date of BOL is very important in such transactions.
As this date of bill of lading connect the transaction
and the parties in the contract of carriage, in the
contract of sale, and in relation to the banks, as
payment was made under the letter of credit. When the
payment is arrange under a letter of credit, a correct
date on the letter of credit is very important. In
the present case, the date, as agreed is relevant for
all the purposes for the issues. Therefore any such
mistake or misdating cannot be overlooked. Apart from
plaintiff’s allegation of fraud as referred above,
defendant No. 5 the Shipping Corporation of India
Limited had taken out third party proceedings against
defendant No. 1 and claimed that defendant No. 5 is
entitled to claim an amount of USD 276704.14 from the
plaintiff inter-alia on the ground that under the
instructions of said third party, the goods were
despatched with the Stamp "clean on board" and thus
defendant No. 5 if made liable to pay the claim,
