TRADIGRAIN SA v STATE TRADING CORPORATION OF INDIA [2005]
[2006] Lloyd's Rep Plus 5
QUEEN’S BENCH DIVISION COMMERCIAL COURT
Before Mr Justice Christopher Clarke
Banking – Performance bond – Sale of goods (c&f) –
Buyers alleging breach of contract – Buyers making call under performance bond
in amount exceeding buyers’ true loss – Sellers suffering no actual loss
resulting from buyers’ call – Whether seller entitled to immediate repayment of
amount overpaid.