JUDGMENT :

(Prayer: Suit filed under Section 13 of the Code of Civil Procedure and Order IV Rule 1 Original Side Rules for the following reliefs :

a. A declaration under section 13 of the Code of Civil Procedure, 1908 that the summary judgment passed by the High Court of Justice, Queen's Bench Decision (Commercial Court), vide Ordered dated 23.05.2014 and 16.06.2014, is not conclusive and that the same cannot be enforced against the plaintiff under Indian Law or in any other manner whatsoever.

b. a perpetual injunction restraining the defendant, their servants, agents, representatives or any other person claiming under/through them for in any manner seeking enforcement of the summary judgment passed by the High Court of Justice, Queen's Bench Decision (Commercial Court), vide Order dated 23.05.2014 and 16.06.2014 in any manner whatsoever

c. for costs of the suit.)

This suit has been filed for declaration that the judgment passed by the High Court of Justice Queen's Bench Decision (Commercial Court), vide Order dated 25.05.2014 and 16.06.2014 is not conclusive and cannot be enforced against the plaintiff and for permanent injunction restraining the defendant from enforcing the judgment of the Queen's Bench Decision dated 25.05.2014 and 16.04.14 and for cost.

2. The brief facts of the plaintiffs case is as follows :

2.1. The plaintiff is engaged in the business of supplying various chemicals and other raw materials. The plaintiff has built up reputation as an honest supplier with stringent quality standards and the plaintiff has annual turnover to the tune of INR 450 crores. The plaintiff has supplied lot of products to MI Swaco Group as per their requirements including calcium carbonate, barites and bentonite. The invoices in these transactions were made out to MI Qatar for use in Ras Gas. Thus Ras Gas was the end user and as MI Qatar was only the service provider/intermediary for Ras Gas. One such shipment made in May-June 2010 was of Calcium Carbonate, which was shipped in UV treated PP 1 MT capacity bulk bags wherein each bag contain1 MT of product. On completion of the shipment, after consuming a portion of the shipment, MI Qatar complained that there was a problem with the bags containing calcium carbonate, received from the plaintiff, because shredded paper/plastic was found in the calcium carbonate in about 852 bags. After some investigation, it was found that some bags had 5 – 8 strands of coloured fibre which had mixed with the product, which was a minor issue. However, MI Qatar informed the plaintiff that they were quarantining the bags, which they were unwilling to use and asked the plaintiff to help them make arrangements for shipping out the bags. Both sides extended full co-operation to each other in view of their long-standing relationship and the following resolution was arrived :

(a). It was no economically worthwhile to take the product back to India to find an alternate user.

(b). MI Qatar wanted to meet the cost of moving the bags out from disposing the material for a price by delivering to a willing purchaser/consignee.

(c). After some time, the plaintiff identified a company in Sudan willing to take the product, viz. African Drilling Fluids (“ADG”). ADF was only willing to pay an amount equivalent to the cost of importing the product from Oren, India (CIF price). The Sudanese buyer, ADF, was willing to make payment on delivery of the goods in Sudan. The arrangement was that the plaintiff would initially pay the cost of the shipment on behalf of MI Qatar, and would reimburse itself from ADF. MI Qatar was willing to accept this arrangement and to ship the goods from Qatar to Sudan on this basis.

(d). The goods were shipped through United Shipping Services WLL (“USS”), agents of the container line operated by the defendant herein.

2.2. The first tranche shipment was carried out by MI Qatar largely without issue. O