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Copyright © International Chamber of Commerce (ICC). All rights reserved. ( Source of the document: ICC Digital Library )
An Indian court has denied relief to a jewellery exporter that asked its bank to stop payments on letters of credit (L/Cs) after its cash flow dried up as a result of business disruption caused by the coronavirus pandemic.
Rajesh Exports, which had bought gold from its subsidiary Valcambi SA on L/C terms, may appeal the Karnataka High Court's judgment.
Deferral agreed
Valcambi delivered gold ordered by Rajesh and then discounted the L/Cs with the Hong Kong and London branches of Canara Bank.
The bank continued to make payments against the L/Cs, even though the beneficiary, Valcambi, had agreed to a deferral.
Court ruling
But the court found that banks are required to comply with the Reserve Bank of India's L/C timelines, in this case a 90-day limit on L/Cs issued for gold imports.
The court also ruled that any injunction against L/Cs can only be allowed on the grounds of fraud or irreparable loss.
This article represents the views of the author and not necessarily those of the ICC or Coastline Solutions.