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2022 Supreme(Bom) 1548

N. J. JAMADAR
Allcargo Logistics Ltd. – Appellant
Versus
Dhanesh B. Jain – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajesh Shah, a/w Nirav Barot, i/b Maneksha and Sethna
For the Respondent: Ms. Hiral Thakkar, a/w Naresh Ratnani, i/b Ashwin Ankhad & Asso.

JUDGMENT :

1. This appeal is directed against a judgment and decree dated 18th October, 2014, passed by the learned Judge, City Civil Court, Bombay in SC Suit No.7175 of 1997 (the High Court Suit No.1861 of 1997).

2. For the sake of convenience and clarity, the parties are hereinafter referred to in the capacity in which they were arrayed before the trial Court.

3. Respondent no.1 (plaintiff) is a proprietary concern. It was engaged in the business of apparels. Respondent no.3 (defendant no.1) is an entity operated by respondent no.4 (defendant no.2), Allcargo Container Lines Ltd., a company registered under foreign laws. Appellant (defendant no.3) Allcargo Logistics Limited (Formerly known as Allcargo Movers (India) Pvt. Ltd.), is a company incorporated under the Companies Act, 1956. Respondent no.2 M/s. Walford Meadows Ltd. (defendant no.4) was the agent of defendant nos.1 to 3. The plaintiff asserted that defendant nos.1 to 3 are interrelated/sister companies and/or belong to and/or managed by the same group of companies.

4. In or about July, 1996, the plaintiff entered into con

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