that they cannot make payments until their goods are cleared. Such a stand was
never taken earlier. Instead as can be seen from the e-mail dated 6th December,
2010 sent by the Plaintiff to the Defendant (Exh. P-10) and the e-mail dated 24th
January, 2011 (Exh. P-12) the Defendant has promised to pay the outstanding dues
to the Plaintiff. From Exh. P-14 it is clear that the State Bank of India realised from
the Defendant an amount of US$ 12,949 towards Plaintiff's invoice No.
AGIO/EXP/140/2008-09 dated 7th November, 2008 and an amount of US$
11,949 towards Plaintiff's Invoice AGIO/EXP/140/2008-09. However, at Exh. P-
15, the Defendant once again requested the Plaintiff to treat the said amount as an
advance for supply of further goods to the Defendant. As can be seen from
Exhibits P-16 to P-18 and P-20, P-25, P-26 and P-27, the Plaintiff has repeatedly
made representations to the High Commission of India, who in turn have
requested the Defendant to clear the dues of the Plaintiff and the Plaintiff has also
served a legal notice on the Defendant calling upon the Defendant to pay the
outstanding dues. The Defendant appealed to the Plaintiff (Exhibits P-19, P-21 and
P-22) to settle the matter amicably and gave an offer/proposal to the Plaintiff to re-
start the business on the basis of the Defendant making payment towards 50 per
cent advance qua fresh orders placed by them on the Defendant and 50 per cent
against old dues payable by the Defendant to the Plaintiff which offer of course was
not accepted by the Plaintiff.
