RAJIV SAHAI ENDLAW, J.

Ia No.1077/2019 (of the plaintiff under Order XXXIX Rules 1&2 CPC)

IA No.1078/2019 (of the plaintiff under Order XL Rule 1 CPC)

IA No.3631/2019 (of the defendants under Order VII Rule 11 CPC)

IA No.4206/2019 (of the defendants under Order XXXIX Rule 4 CPC)

1. The plaintiff has sued defendant no.1 Paras Imports Pvt. Ltd. and its Directors defendants no.2 and 3 viz. Mr. Paras Verma and Mrs. Anita Sharma, for (a) mandatory injunction to furnish the original Bills of Lading or in the alternative, return all the goods, to the plaintiff which were imported vide consignments mentioned in the plaint; (b) directing the defendants to pay Rs.13,29,632.36 paise to the plaintiff; and, (c) directing the defendants to reimburse the plaintiff with an amount of USD 3000, pleading that (i) the plaintiff is in the business of freight forwarding and international logistics; (ii) the plaintiff inter alia handles consignments that are imported from China to India by its clients; the plaintiff provides services to its clients in getting the goods released from shipping line/Customs and delivered to their destinations; (iii) the defendant no.1 imports and sells several items for infants, toddlers and children such as toys and toy cars, toy bikes, strollers etc.; (iv) the plaintiff has been providing services to the defendant no.1 which is run by and under active management of defendants no.2 and 3; (v) the defendant no.1 was importing goods from Chinese vendors on Free on Board (FOB) basis; (vi) the plaintiff was providing their services and handling the consignments of the defendant no.1; (vii) Chinese forwarders, acting on behalf of the plaintiff company, would pick up consignments from the Chinese sellers and arrange for shipments for delivery to Indian destinations; the plaintiff company would then process the documents for release of the consignments from the shipping lines and deliver it to the defendants; the invoices were generated by the plaintiff on the defendants, which would be inclusive of ocean freight and other destination charges along with charges for services provided by the Chinese forwarders; (viii) over the last two years, there were constant dealings between the plaintiff and the defendants and several times the plaintiff would release consignments on the assurance of the defendant no.2 that the documentation was in order; till the year 2018, when the goods would be delivered by the plaintiff company, the defendant no.2 would furnish the original Bill of Lading to the plaintiff within a short span of time; (ix) on behalf of the defendants and on instructions of the defendants, the plaintiff in the months of July and September, 2018 handled several consignments particulars whereof are given in the plaint, of the total value of USD 313,910 approximately equivalent to Rs.2,19,73,700/-; (x) in respect of the aforesaid consignments, Shanghai Evertrans International Forwarder Co. Ltd. and Shenzhen Lucky Logistics Ltd. were the Chinese forwarders of the goods who had acted on behalf of the plaintiff and took delivery of the goods from Chinese sellers viz. Shenzhen GBC Glory Business Corporation Ltd. and Tianjin Free Trade Service Co. Ltd./Hebei Satune Toys Company Ltd. and dispatched the same; (xi) at the time of delivery of the aforesaid goods, the defendant no.2 wrongly informed Mr. Kunal Kumar, Director of the plaintiff that he had made all payments for such consignments to the sellers i.e. Shenzhen GBC Glory Business Corporation Ltd. and Tianjin Free Trade Service Co. Ltd./Hebei Satune Toys Company Ltd.; the defendant no.2 also wrongly conveyed that the original Bills of Lading had been received by him, the same were in his office and that he would handover the same to the plaintiff as and when requested; (xii) the defendants were otherwise not entitled to delivery and possession of the consignments till they had made the entire payment to the Chinese sellers, obtained the original Bill of Ladings and ha