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BOMBAY HIGH COURT
Mr. R. V. Narichania, ACJ
Assobhai Bhanji and Sons v. Great Circle Shipping Pvt. Ltd. Mumbai
| Table of Content |
|---|
| 1. establishment of plaintiff's business and contract details (Para 1 , 2 , 3) |
| 2. defendant's contentions and denial of liability (Para 4) |
| 3. court's framing of issues based on pleadings (Para 5) |
| 4. analysis of bills of lading and negotiation characteristics (Para 6 , 7 , 8 , 9 , 21 , 22) |
| 5. requirement of bill of lading for delivery (Para 20 , 24 , 25) |
| 6. judicial interpretation of straight vs. negotiable bills of lading (Para 28 , 31 , 32) |
1. Plaintiff, a registered partnership firm, carries on business, inter alia, of import and export of dairy and agro products. Defendant is a registered Multimodal Transport Operator.
2. Sometime in March 2007, one Agrizala Co. (Pte) Ltd, Singapore (Agrizala) had entered into a contract with plaintiff for supply of 780 m.t. of Indian White Crystal Sugar ("the goods"). This contract (Exh.PKJ 23) provided rate for the goods at USD 320 per m.t. F.O.B. Nhava Sheva / JNPT. It was also agreed that Agrizala will negotiate the freight rate and pass the same to plaintiff basis that the contract be converted to C&F contract. In effect, Agrizala would identify the carrier through whom plaintiff will transport 780 m.t. of sugar. Agrizala has, it a
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