REPLY TO SHOW CAUSE
BEFORE
THE FOREIGN EXCHANGE ADJUDICATION COURT, STATE BANK OF PAKISTAN.
F.E.R.
Case No. /2016
Foreign
Exchange Operation
Department.
...................... ............... Complainant.
V/S
M/S.
Husain Towel. .......................
... Respondent.
ON BEHALF OF
M/S. HUSAIN TOWEL
Humbly shewth:
1. That the fault lies within the Bank NIB /
Witness No: 02, who just to save their skin, have reported wrongly & fraudulently.
2. That the answering respondent has tried
hard to realize the export proceed &
also to repatriate it by taking all possible steps but the circumstances
created during the course of shipment were beyond control.
3. That the letter submitted before this
Honorable court by Bank NIB / Witness No: 02, dated 15-2-2017 is re-attached
herewith for kind consideration and to know actual accusation, the contents of
same are reproduced here under:
Ref:
Complain of standard Chartered Bank Kampala Uganda.
“We
had dispatched our export
document on 27th February 2014, under DHL 3342395210 to standard
charterd bank Kampala Uganda detail as follow,
Drawee,
Tesco Industries (U) Ltd
Drawer,
Husain Towel
Our
Ref, TFNIB0208780
Your
Ref; 32803002779-5
Amount
USD, 77350
Bill
Tenor, DP,
On 28-April 2014 SCB Kampala Uganda returned our documents by quoting
reason “The Drawee has rejected the documents”
Upon scrutiny we observed that we had sent SCB Kampala Uganda Bill
of Lading of Pacific Shipping Lines BL No, PSLT, 026-KAM-14 Shipped on board
date 27-February-2014, But SCB Kampala Uganda returned us Bill us and other
bill of lading of W.E.C lines BL, No WECC101122 shipped on board dated 14th
February 2014 (copy of BL enclosed).
In our original BL consignee was NIB Bank Ltd Karachi Pakistan but in
Bill of Lading which you returned to us consignee was M/S Tesco Industries (U)
Ltd Plot 29 KIKUBO LANE P.O.BOX 7524 Kampala Uganda East Africa.
We had also informed SCB Kampala Uganda through swift that their
bank has changed our BL & provided us a Fake BL.
We request you to please investigate matter on priority basis and
search our original BL of pacific shipping lines as our exporter failed to call
back goods Pakistan,
It is clear cheating & we have provided you complete evidence to
rescuer us exporter is facing all types of losses.
Thanking you,
Tahir
Ali Khan
Foreign
Exchange Officer
NIB
Bank Limited
4. That
due to reasons mention in above paragraph, please take on record that the
consignments are held in Kalinin Port Police station & the goods cannot be
taken back / re-exported as the issue regarding cheating & fraud of changed
documents is still pending in court.
5.
That
for whatever charges / allegations leveled against answering respondent, are
without justification and baseless.
6.
That,
already, the answering respondent has got punishment by suffering with monetary
losses of whole income and he has become under debt / under liability of
payments of Line detention and demurrages. The whole business has collapsed due
subject circumstances.
Therefore in these
circumstances lenient view may be taken and subject show cause notice may be
withdrawn by passing directions to NIB Bank / Witness No: 02, to finalize and
clear their wrong deeds so that the export proceed could be realized or could
be repatriated.
ADVOCATE FOR ANSWERING DEFENDANT
Documents
Enclosed:
Annexure P to
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