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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