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2003 Supreme(All) 396

JANARDAN SAHAI
CENTRAL WAREHOUSING CORPORATION – Appellant
Versus
PRABHU NARAIN SINGH – Respondent


Advocates Appeared:
A.K.RAI CHAUDHURI, A.P.SAHI, C.K.RAI, G.K.SINGH, R.N.SINGHA

JANARDAN SAHAI, J.

( 1 ) THE facts of this case are simple. The defendant applicant M/s. Central Warehousing Corporation is a Government of India Undertaking, which provides transport services to parties exporting their goods. It appears that the applicants had entered into a contract with M/s. Bhola Nath Industry, Varanasi for transporting their woollen yarn through the container services of the applicants to Bombay. The applicants engaged M/s. Vijai Trading and Transporting Company, the first defendant whose proprietor, D. S. Mishra is the second defendant for carrying the goods in the container. M/s. Vijai Training and Transport Company in turn had taken the services of the plaintiff Prabhu Narain Singh, proprietor of M/s. O. D. C. Roadways for transporting these goods.

( 2 ) A dispute about the payment of hire charges arose between the plaintiff and M/s. Vijai Training and Transport Company. The plaintiff Prabhu Narain Singh who is the opposite party No. 1 in this revision filed a suit for injunction against the defendant Nos. 1 and 2"directing them not to get the possession of the container unless the dues of the plaintiff are cleared". No relief in the suit is claimed against
















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