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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF FEBRUARY, 2021

PRESENT

THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE

AND

THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM

COMAP NO.17 OF 2019

BETWEEN:

1 . RAJANI KULKARNI

AGED 44 YEARS, A-42, DEVARAJ

URS TRUCKS TERMINALS

OPPOSITE KANTEERAVA STUDIOS

YESHWANTHPUR

BANGALORE - 22

2 . OCEANUS TRANSPORTS

NO. 12, GRASS VILLA

1^ST MAIN, BEML TOWNSHIP ROAD

GM PALYA, NEW THIPPASANDRA

BANGALORE - 560 075

3 . SILVER BAY SHIPPING

NO. 8/2, BEML, TOWN SHIP

RAJKUMAR ROAD, NEW THIPPASANDRA

BANGALORE - 560 075

4 . M/S. SOLAR CARGO AND CLEARING PRIVATE LIMITED

A-42, DEVARAJ URS TRUCKS TERMINALS

OPPOSITE KANTEERAVA STUDIOS

YESHWANTHPUR

BANGALORE - 560 022

5 . KMK SHIPPING AND CELARING PRIVATE LIMITED

OLD NO.76, NEW NO.153

4^TH FLOOR, THAMBU CHETTY STREET

CHENNAI - 600 001

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6 . EASYWAY TRUCKS PRIVATE LIMITED

NEW NO.192, OLD NO.237

2^ND FLOOR, THAMBUCHETTY STREET

MANNADY, CHENNAI - 600 001

... APPELLANTS

(BY SMT. REVATHY ADINATH NARDE, ADVOCATE)

AND:

M/S. DIAAMOND GRANITES

NO. 867/4A, SMUDUGANDA PALLI

HOSUR TALUK

DENKANIKOTA ROAD

TAMILNADU - 635 114

CAMP: BANGALORE

REPRESENTED BY ITS AUTHORIZED AGENT

MR. PRATEEK AJMERA

AGED ABOUT 32 YEARS

... RESPONDENT

(BY SHRI. A. MAHESH CHOWDARY, ADVOCATE)

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THIS APPEAL IS FILED UNDER SECTION 13(A) OF THE

COMMERCIAL COURTS ACT 2015, PRAYING TO SET ASIDE

THE ORDER PASSED BY THE HON'BLE TRAIL COURT DATED

12.09.2019 PASSED ON I.A.NO.1, IN COM.O.S.NO.94/2019 ON

THE FILE OF LXXXII ADDITIONAL CITY CIIVIL AND SESSIONS

JUDGE, COMMERCIAL COURT, BANGALORE CITY (CCH.NO-83)

PRODUCED AND MARKED AS ANNEXURE-A AND ETC.

THIS APPEAL COMING ON FOR DICTATING JUDGMENT

THIS DAY, THROUGH VIDEO CONFERENCING, CHIEF JUSTICE

DELIVERED THE FOLLOWING:

JUDGMENT

By this appeal preferred under sub-section (1A) of

Section 13 of the Commercial Courts Act, 2015, the appellants

who are the original defendants have taken an exception to the

order of temporary mandatory injunction dated 12^th September

2019 passed by the learned Judge of the Commercial Court.

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By the said order, the learned Trial Judge has directed the first

to third appellants to return Container No.MRKU6787818 to the

Shipping Liner within a period of three days from the date of

the said order.

2.

After hearing the submissions of the learned

counsel appearing for the parties, an order was made by this

Court for fixing the appeal for final disposal. With a view to

appreciate the submissions made across the bar, a brief

reference to the factual controversy involved in the appeal will

be necessary. For the sake of convenience, we are referring to

the parties in the appeal with reference to their status before

the Trial Court.

3.

A suit for declaration was filed claiming that the

defendants are jointly and severally liable to pay a sum of

Rs.30,00,000/- towards detention charges along with additional

CHF paid, ongoing detention charge and consequent loss in

production caused to the plaintiff. The second prayer is for

directing the defendants to pay interest at the rate of 18% per

annum on the sum of Rs.30,00,000/- from the date of filing of

the suit and also further interest up to the date of decree. The

third prayer is for grant of mandatory injunction directing the

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defendants to return and deliver to the plaintiff all materials

pertaining to the containers such as, delivery note, materials,

customs documents, containers and all relevant documents

pertaining to shipping transaction assigned by plaintiff. There

is also a prayer to return and deliver the defective container.

4.

According to the case made out in the plaint, the

plaintiff ensures that the material is usually imported from

various places in Europe and other destinations which mine

exquisite and high quality granite. The plaintiff engages t