MADRAS HIGH COURT
Justices, J
Wan Hai Lines (Singapore) Pte Ltd. (M/s.) v. Tionale Pte Ltd. Singapore and Others
C.S. (Comm. Div) No. 148 of 2020
| Table of Content |
|---|
| 1. overview of the case and claims for relief. (Para 1 , 2 , 3) |
| 2. court's interim orders and plaintiff's compliance. (Para 4 , 5) |
| 3. arguments regarding charges and delays. (Para 6 , 7) |
| 4. court observations on the plaintiff's ownership and responsibilities. (Para 8 , 9) |
| 5. final ruling on appeals and requirements for the plaintiff. (Para 10 , 11) |
1. Both these Original Side Appeals have been filed by the third defendant in the suit in C.S. (Comm. Div) No. 148 of 2020 on the file of this Court challenging the Order dated 01.07.2020 passed in Application No. 1346 of 2020 in CS (Comm. Div) No.148 of 2020 and O.A. No. 211 of 2020 in CS (Comm. Div) No.148 of 2020 passed by the learned single Judge. The said suit was filed by the first respondent / plaintiff herein seeking the following reliefs: -
"The Plaintiff therefore prays for a Judgment and Decree, jointly and severally against the defendants 1 to 3 herein:
(a) Declaring that the Plaintiff being the lawful owner of the said goods morefully described in the Schedule hereto is entitled to have delivery of the same in terms of the contract of carriage upon payment of USD 4380 equivalent to Rs.3,36,165 (Rupees three lakhs thirty six thousand one hundred and sixty five only)
(b) Grant a Mandatory injunction directing Defendant No.1 and / or Defendant No.2 to handover to the plaintiff the original Ocean Bills of Lading Nos. 030A501777, 030A501774, 030A502070, 025A513190 pertaining to the said Goods described in the Schedule, upon receipt of the agreed freight of USD 4380 equivalent to Rs.3,36,165 (Rupees three lakhs thirty six thousand one hundred and sixty five only)
And / or in the Alternative,
Direct Defendant No.3 and its agents at Chennai, Tuticorin and Cochin ports to transfer the said Goods covered under the Ocean Bills of Lading Nos. 030A501777, 030A501774, 030A502070, 025A513190 and morefully described in the Schedule hereunder to a Customs Bonded Warehouse specified by this Honourable Court and permit the plaintiff to take delivery of the said goods upon payment of the agreed freight of USD 4380 equivalent to Rs.3,36,165 (Rupees three lakhs thirty six thousand one hundred and sixty five only)
(c) Permanent injunction restraining Defendant Nos. 1 to 3, jointly and severally, including their men, employees and agents, from selling, transferring, alienating, encumbering, disposing of or in any other manner dealing with the said Goods covered under the Ocean Bills of Lading Nos. 030A501777, 030A501774, 030A502070, 025A513190 and morefully described in the Schedule hereunder,
(d) Permanent injunction restraining Defendant Nos. 1 to 3, jointly and severally, from levying any demurrage / detention charges in respect of the said Goods described in the schedule hereto
(e) To direct the Defendant Nos. 1 to 3, jointly and severally, to pay costs of the Suit to the plaintiff; and
(f) pass such further or other reliefs as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice."
2. For the sake of convenience, the parties to these appeals shall be referred to as ''plaintiff' and ''defendants'' as arrayed in the suit.
3. As per the averments in the plaint, the plaintiff is a trading company in Singapore and engaged in the business of buying and selling 100% Polyethylene Terepthalate, commonly abbreviated as PET, which is used as a raw material for manufacturing plastic containers. During the course of such business, the plaintiff purchased 550 metric tonne of PET Resin from M/s. Hainan Yisheng Petrochemical Company Limited, China by paying the full sale price of USD 437250. Such transaction between the plaintiff and M/s. Hainan Yisheng Petrochemical Company Limited, China was on F.O.B. basis that is free on Board basis under which the Seller will be relieved of the responsibility once the goods are shipped / boarded on the vessel. It is stated in the plaint that as the plaintiff had paid the entire sale price, they have became the absolu
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