w w w . L a w y e r S e r v i c e s . i n



Anax Industries Pvt. Ltd. v/s Micro Logistics (I), Pvt. Ltd.


Company & Directors' Information:- E F C LOGISTICS INDIA PRIVATE LIMITED [Active] CIN = U70102WB2004PTC097851

Company & Directors' Information:- T T G INDUSTRIES LIMITED [Active] CIN = U27209TN1987PLC014169

Company & Directors' Information:- V I P INDUSTRIES LIMITED [Active] CIN = L25200MH1968PLC013914

Company & Directors' Information:- A L M INDUSTRIES LIMITED [Active] CIN = U14100DL1996PLC129067

Company & Directors' Information:- A L M INDUSTRIES LIMITED [Active] CIN = U19111DL1996PLC129067

Company & Directors' Information:- A L M INDUSTRIES LIMITED [Active] CIN = U74110DL1996PLC129067

Company & Directors' Information:- S R K INDUSTRIES LIMITED [Active] CIN = L17121MH1991PLC257750

Company & Directors' Information:- S R INDUSTRIES LTD [Active] CIN = L29246PB1989PLC009531

Company & Directors' Information:- F E INDUSTRIES PRIVATE LIMITED [Active] CIN = U36100PB2003PTC026482

Company & Directors' Information:- N K INDUSTRIES LIMITED [Active] CIN = L91110GJ1987PLC009905

Company & Directors' Information:- K L R INDUSTRIES LIMITED [Active] CIN = U28939TG2002PLC038416

Company & Directors' Information:- T S I INDUSTRIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U18101HR1997PTC034478

Company & Directors' Information:- S J LOGISTICS (INDIA) LIMITED [Active] CIN = U63000MH2003PLC143614

Company & Directors' Information:- B L A INDUSTRIES PRIVATE LIMITED. [Active] CIN = U10200MH1964PTC162314

Company & Directors' Information:- S S I LOGISTICS PVT LTD [Strike Off] CIN = U99999MH2005PTC159282

Company & Directors' Information:- 2 X 2 LOGISTICS PRIVATE LIMITED [Active] CIN = U63000MH2012PTC237062

Company & Directors' Information:- E-LOGISTICS PRIVATE LIMITED [Active] CIN = U63011TN2000PTC046210

Company & Directors' Information:- E I T A LOGISTICS LIMITED [Active] CIN = U60300WB1989PLC047611

Company & Directors' Information:- N E C C LOGISTICS LIMITED [Active] CIN = U74899DL1985PLC019748

Company & Directors' Information:- N E C C LOGISTICS LIMITED [Active] CIN = L74899DL1985PLC019748

Company & Directors' Information:- R B T INDUSTRIES LIMITED [Active] CIN = U24118UP1990PLC011820

Company & Directors' Information:- H G I INDUSTRIES LIMITED [Active] CIN = L40200WB1944PLC011754

Company & Directors' Information:- R P INDUSTRIES PRIVATE LIMITED [Active] CIN = U27100GJ2011PTC075812

Company & Directors' Information:- D D INDUSTRIES LIMITED [Active] CIN = U74899DL1974PLC007169

Company & Directors' Information:- A G INDUSTRIES PVT LTD [Active] CIN = U27300HR1991PTC031378

Company & Directors' Information:- H. J. INDUSTRIES (INDIA) PRIVATE LIMITED [Active] CIN = U17120GJ2010PTC060769

Company & Directors' Information:- U F M INDUSTRIES LIMITED [Active] CIN = L15311AS1986PLC002539

Company & Directors' Information:- I AND D LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U63090MH1997PTC110517

Company & Directors' Information:- I AND D LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U63013DL2004PTC127097

Company & Directors' Information:- G R S INDUSTRIES LIMITED [Active] CIN = U00000PB2005PLC029159

Company & Directors' Information:- T S L INDUSTRIES LIMITED [Active] CIN = L65999WB1994PLC065255

Company & Directors' Information:- M F B INDUSTRIES LIMITED [Active] CIN = U31401TN1989PLC018274

Company & Directors' Information:- A C M E INDUSTRIES LIMITED [Dormant under section 455] CIN = U19119DL1992PLC048914

Company & Directors' Information:- V S P INDUSTRIES PRIVATE LIMITED [Active] CIN = U17111TZ2005PTC011820

Company & Directors' Information:- M N INDUSTRIES PRIVATE LIMITED [Active] CIN = U24100TG2012PTC079737

Company & Directors' Information:- G I INDUSTRIES PRIVATE LIMITED [Active] CIN = U15312PB2010PTC033806

Company & Directors' Information:- E T C INDUSTRIES LIMITED [Active] CIN = U31200MP1995PLC009281

Company & Directors' Information:- S K INDUSTRIES PVT LTD [Active] CIN = U74899DL1991PTC045572

Company & Directors' Information:- E A P INDUSTRIES LTD [Active] CIN = U25206WB1956PLC023072

Company & Directors' Information:- S R V E INDUSTRIES LIMITED [Active] CIN = U03210TZ2006PLC012577

Company & Directors' Information:- LOGISTICS CORPORATION OF INDIA LIMITED [Active] CIN = U74140MH1995PLC089729

Company & Directors' Information:- M + R LOGISTICS (INDIA) PRIVATE LIMITED [Active] CIN = U61100TN2001PTC046793

Company & Directors' Information:- Z H INDUSTRIES PRIVATE LIMITED [Active] CIN = U45200DL2014PTC265453

Company & Directors' Information:- P AND P INDUSTRIES LIMITED [Strike Off] CIN = U21010MH1992PLC068885

Company & Directors' Information:- N G INDUSTRIES LTD [Active] CIN = L74140WB1994PLC065937

Company & Directors' Information:- S L INDUSTRIES P. LTD. [Active] CIN = U15331WB1989PTC047543

Company & Directors' Information:- T R A T INDUSTRIES LIMITED [Active] CIN = U25199KL1996PLC010148

Company & Directors' Information:- B R INDUSTRIES LIMITED [Active] CIN = U74899DL1995PLC067120

Company & Directors' Information:- H. V. R. INDUSTRIES PRIVATE LIMITED [Active] CIN = U27100DL2010PTC200428

Company & Directors' Information:- N M INDUSTRIES PRIVATE LIMITED [Active] CIN = U74120DL2008PTC175664

Company & Directors' Information:- N R C INDUSTRIES LIMITED [Active] CIN = U51909PB1985PLC006558

Company & Directors' Information:- S N L INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U17115RJ1994PTC008053

Company & Directors' Information:- J V INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1994PTC057081

Company & Directors' Information:- A R INDUSTRIES PVT LTD [Active] CIN = U27101HR1995PTC032569

Company & Directors' Information:- D V S INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049221

Company & Directors' Information:- G V G INDUSTRIES PRIVATE LIMITED [Active] CIN = U17111TZ1980PTC006887

Company & Directors' Information:- C D INDUSTRIES LIMITED [Active] CIN = U27100MH1996PLC101277

Company & Directors' Information:- G V INDUSTRIES INDIA PRIVATE LIMITED [Active] CIN = U74900TG2014PTC096387

Company & Directors' Information:- G S M INDUSTRIES PRIVATE LIMITED [Active] CIN = U02001DL2002PTC117443

Company & Directors' Information:- B G INDUSTRIES LTD [Active] CIN = U26921ML1980PLC001830

Company & Directors' Information:- P K INDUSTRIES PRIVATE LIMITED [Active] CIN = U51900DL2012PTC241654

Company & Directors' Information:- M D INDUSTRIES PRIVATE LIMITED [Active] CIN = U91110GJ1994PTC022025

Company & Directors' Information:- L C INDUSTRIES PRIVATE LIMITED [Active] CIN = U15122UP2013PTC055697

Company & Directors' Information:- R M G INDUSTRIES PRIVATE LIMITED [Active] CIN = U18100TG1993PTC016220

Company & Directors' Information:- R. S. D. INDUSTRIES PRIVATE LIMITED [Active] CIN = U51909DL2008PTC177504

Company & Directors' Information:- T. R . LOGISTICS PRIVATE LIMITED [Active] CIN = U60230WB2010PTC150866

Company & Directors' Information:- U K LOGISTICS (INDIA) PRIVATE LIMITED [Active] CIN = U51909TN2015PTC099539

Company & Directors' Information:- G. A. INDUSTRIES PRIVATE LIMITED [Active] CIN = U15435MH2005PTC151817

Company & Directors' Information:- I W D W INDUSTRIES LTD. [Strike Off] CIN = U30099WB1990PLC050177

Company & Directors' Information:- C & C LOGISTICS LIMITED. [Strike Off] CIN = U63090DL2011PLC221415

Company & Directors' Information:- P A S INDUSTRIES INDIA PRIVATE LIMITED [Active in Progress] CIN = U17121TZ2005PTC012171

Company & Directors' Information:- V AND S INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1990PTC039251

Company & Directors' Information:- M K J INDUSTRIES PRIVATE LIMITED [Active] CIN = U19111UP1989PTC010468

Company & Directors' Information:- S S F INDUSTRIES LIMITED [Active] CIN = U25190BR1988PLC003160

Company & Directors' Information:- P B INDUSTRIES PRIVATE LIMITED [Active] CIN = U29120MP1994PTC008840

Company & Directors' Information:- R & M INDUSTRIES PRIVATE LIMITED [Active] CIN = U24297TN1972PTC006185

Company & Directors' Information:- A M INDUSTRIES LTD [Active] CIN = U21012WB1977PLC030854

Company & Directors' Information:- A AND S INDUSTRIES PRIVATE LIMITED [Active] CIN = U17117DL1995PTC064137

Company & Directors' Information:- M C INDUSTRIES LTD [Active] CIN = U27106WB1993PLC058995

Company & Directors' Information:- D R INDUSTRIES PRIVATE LIMITED [Active] CIN = U24100WB2011PTC160058

Company & Directors' Information:- MICRO LOGISTICS (INDIA) PRIVATE LIMITED [Active] CIN = U61200MH2013PTC240266

Company & Directors' Information:- T & S LOGISTICS PRIVATE LIMITED [Under Liquidation] CIN = U63013DL2005PTC138435

Company & Directors' Information:- H S INDUSTRIES PRIVATE LIMITED [Active] CIN = U23209MH2020PTC348174

Company & Directors' Information:- R. L. F. INDUSTRIES LIMITED [Active] CIN = U51909DL1983PLC015262

Company & Directors' Information:- U K INDUSTRIES PRIVATE LIMITED [Active] CIN = U24241WB1988PTC044355

Company & Directors' Information:- M G I INDUSTRIES PVT LTD [Active] CIN = U27310GJ2006PTC048707

Company & Directors' Information:- A D INDUSTRIES PRIVATE LIMITED [Active] CIN = U18101WB2008PTC131561

Company & Directors' Information:- V J INDUSTRIES PRIVATE LIMITED [Active] CIN = U29253KA2009PTC050226

Company & Directors' Information:- V T INDUSTRIES PVT LIMITED [Active] CIN = U29150WB1985PLC039217

Company & Directors' Information:- V T INDUSTRIES PVT LIMITED [Active] CIN = U29150WB1985PTC039217

Company & Directors' Information:- G R INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U34300PB1996PTC018671

Company & Directors' Information:- M. K. INDUSTRIES PRIVATE LIMITED [Active] CIN = U15549WB2008PTC130116

Company & Directors' Information:- R S V INDUSTRIES PRIVATE LIMITED [Active] CIN = U52399MH2008PTC180489

Company & Directors' Information:- K. A. INDUSTRIES PRIVATE LIMITED [Active] CIN = U14220JH2008PTC013409

Company & Directors' Information:- D K INDUSTRIES LIMITED [Active] CIN = U45202CH1994PLC014627

Company & Directors' Information:- S A LOGISTICS PRIVATE LIMITED [Active] CIN = U51909OR2003PTC007049

Company & Directors' Information:- R K S INDUSTRIES PRIVATE LIMITED [Active] CIN = U20211WB1997PTC086009

Company & Directors' Information:- D G INDUSTRIES PVT LTD [Active] CIN = U36942WB1946PTC013526

Company & Directors' Information:- R I L INDUSTRIES PRIVATE LIMITED [Active] CIN = U70101DL1993PTC052678

Company & Directors' Information:- I S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29100GJ2009PTC057308

Company & Directors' Information:- B M INDUSTRIES PRIVATE LIMITED [Active] CIN = U17000MH1997PTC109621

Company & Directors' Information:- H M B INDUSTRIES PVT LTD [Active] CIN = U24297GJ1996PTC070418

Company & Directors' Information:- A G B INDUSTRIES INDIA PRIVATE LIMITED [Strike Off] CIN = U21012TZ2008PTC014753

Company & Directors' Information:- K B R INDUSTRIES PRIVATE LIMITED [Active] CIN = U27107DL1996PTC079915

Company & Directors' Information:- R V S INDUSTRIES PRIVATE LIMITED [Active] CIN = U17111TZ1995PTC006398

Company & Directors' Information:- A 2 Z LOGISTICS INDIA PRIVATE LIMITED [Active] CIN = U63090TN2005PTC056777

Company & Directors' Information:- B N INDUSTRIES PRIVATE LIMITED [Active] CIN = U67120AS1994PTC004273

Company & Directors' Information:- A J INDUSTRIES PRIVATE LIMITED [Active] CIN = U17120MH2004PTC145040

Company & Directors' Information:- S. A. A INDUSTRIES PRIVATE LIMITED [Active] CIN = U01549TZ1997PTC007927

Company & Directors' Information:- K K S K INDUSTRIES PRIVATE LIMITED [Active] CIN = U19201TZ1997PTC007687

Company & Directors' Information:- C R I INDUSTRIES PRIVATE LIMITED [Amalgamated] CIN = U29120TZ2002PTC010129

Company & Directors' Information:- A C T INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1984PTC018724

Company & Directors' Information:- G B INDUSTRIES PRIVATE LIMITED [Active] CIN = U29220PN2011PTC139883

Company & Directors' Information:- S D B INDUSTRIES LIMITED [Active] CIN = U27107MP1996PLC010394

Company & Directors' Information:- M M INDUSTRIES PRIVATE LIMITED [Active] CIN = U31300CT2008PTC020916

Company & Directors' Information:- A C INDUSTRIES PVT LTD [Active] CIN = U29299WB2006PTC109474

Company & Directors' Information:- K M INDUSTRIES PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74899DL1991PTC043295

Company & Directors' Information:- C J INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U25209MH1998PTC116707

Company & Directors' Information:- N P INDUSTRIES LTD [Strike Off] CIN = U15549PB1989PLC009426

Company & Directors' Information:- J. L. INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29141MP2008PTC020731

Company & Directors' Information:- S E R LOGISTICS PRIVATE LIMITED [Active] CIN = U45203MH1998PTC116822

Company & Directors' Information:- I K INDUSTRIES PRIVATE LIMITED [Active] CIN = U24100MH2010PTC199474

Company & Directors' Information:- H. D. INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U27310MH2011PTC216080

Company & Directors' Information:- R. D. G. INDUSTRIES PRIVATE LIMITED [Active] CIN = U26960DL2008PTC182480

Company & Directors' Information:- R B INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U28999DL2008PTC177248

Company & Directors' Information:- H & H INDUSTRIES PRIVATE LIMITED [Active] CIN = U34100DL2010PTC204604

Company & Directors' Information:- M J INDUSTRIES PRIVATE LIMITED [Active] CIN = U15203KA2011PTC060675

Company & Directors' Information:- B R V INDUSTRIES PRIVATE LIMITED [Active] CIN = U32301UP1995PTC018704

Company & Directors' Information:- A. G. INDUSTRIES LIMITED [Strike Off] CIN = U25201UP1994PLC017291

Company & Directors' Information:- B R INDUSTRIES LIMITED [Strike Off] CIN = U15204AS1993PLC003930

Company & Directors' Information:- I P M INDUSTRIES LIMITED [Active] CIN = U25200DL1995PLC068554

Company & Directors' Information:- M R INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74900UP2008PTC036443

Company & Directors' Information:- R D I INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74900DL1995PTC065508

Company & Directors' Information:- C M LOGISTICS INDIA PRIVATE LIMITED [Active] CIN = U63040DL1997PTC088966

Company & Directors' Information:- J G INDUSTRIES LTD [Active] CIN = L15141WB1983PLC035931

Company & Directors' Information:- G I R LOGISTICS PRIVATE LIMITED [Active] CIN = U74899WB1992PTC194872

Company & Directors' Information:- V G INDUSTRIES PRIVATE LIMITED [Active] CIN = U15139JK2015PTC004570

Company & Directors' Information:- L V LOGISTICS PRIVATE LIMITED [Active] CIN = U60221KA2005PTC036675

Company & Directors' Information:- G J LOGISTICS PRIVATE LIMITED [Active] CIN = U63011WB1993PTC058303

Company & Directors' Information:- S N INDUSTRIES PRIVATE LIMITED [Active] CIN = U29211UP1951PTC002319

Company & Directors' Information:- INDIA MICRO PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059405

Company & Directors' Information:- M H T C LOGISTICS PRIVATE LIMITED [Amalgamated] CIN = U63010MH1986PTC039498

Company & Directors' Information:- S I LOGISTICS PRIVATE LIMITED [Active] CIN = U60200DL2010PTC198444

Company & Directors' Information:- K G INDUSTRIES PVT LTD [Active] CIN = U29130WB1951PTC019868

Company & Directors' Information:- N S INDUSTRIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U74120UP2012PTC053986

Company & Directors' Information:- W W I INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29300MH1997PTC112589

Company & Directors' Information:- A K R L LOGISTICS PRIVATE LIMITED [Active] CIN = U63090MP2010PTC023291

Company & Directors' Information:- D U INDUSTRIES PRIVATE LIMITED [Active] CIN = U29230GJ2016PTC091588

Company & Directors' Information:- T P LOGISTICS PRIVATE LIMITED [Active] CIN = U63011MH2007PTC177112

Company & Directors' Information:- G S LOGISTICS PRIVATE LIMITED [Active] CIN = U63011DL2004PTC129217

Company & Directors' Information:- S AND M LOGISTICS PRIVATE LIMITED [Dissolved] CIN = U63090MH1995PTC094109

Company & Directors' Information:- S K LOGISTICS (INDIA) PRIVATE LIMITED [Active] CIN = U63090MH2005PTC155143

Company & Directors' Information:- N K MICRO PRIVATE LIMITED [Active] CIN = U74899DL1994PTC062260

Company & Directors' Information:- R G LOGISTICS PRIVATE LIMITED [Active] CIN = U65921DL1996PTC082883

Company & Directors' Information:- B V R INDUSTRIES PRIVATE LIMITED [Active] CIN = U28999CT2020PTC010570

Company & Directors' Information:- S R P INDUSTRIES LIMITED [Amalgamated] CIN = U00061BR1984PLC002023

Company & Directors' Information:- C G LOGISTICS PRIVATE LIMITED [Active] CIN = U60231DL2002PTC115537

Company & Directors' Information:- R AND Y LOGISTICS PRIVATE LIMITED [Active] CIN = U63090MH1996PTC103995

Company & Directors' Information:- B V C LOGISTICS PRIVATE LIMITED [Active] CIN = U99999MH1975PTC018691

Company & Directors' Information:- G & U LOGISTICS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U63090TN2003PTC051159

Company & Directors' Information:- G M LOGISTICS PRIVATE LIMITED [Active] CIN = U63090WB2011PTC164487

Company & Directors' Information:- R K LOGISTICS PRIVATE LIMITED [Active] CIN = U61200DL1996PTC079763

Company & Directors' Information:- C P INDUSTRIES PVT LTD [Strike Off] CIN = U29303MP1949PTC000846

Company & Directors' Information:- J B INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74999MH2013PTC245506

Company & Directors' Information:- S J V INDUSTRIES LTD [Amalgamated] CIN = U15421WB1982PLC035521

Company & Directors' Information:- H. B. LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U63020KA2008PTC045769

Company & Directors' Information:- V V INDUSTRIES PVT LTD [Strike Off] CIN = U99999DL1980PTC010427

Company & Directors' Information:- K K INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U65100DL1982PTC013046

Company & Directors' Information:- A T C INDUSTRIES LTD [Strike Off] CIN = U27109AS1984PLC002201

Company & Directors' Information:- N V INDUSTRIES PVT LTD [Active] CIN = U51909WB1953PTC020952

Company & Directors' Information:- M T C LOGISTICS PRIVATE LIMITED [Active] CIN = U63090KA2005PTC036019

Company & Directors' Information:- S R C LOGISTICS PRIVATE LIMITED [Active] CIN = U60221WB1997PTC083181

Company & Directors' Information:- A TO Z INDUSTRIES PVT LTD [Strike Off] CIN = U31908AS1987PTC002804

Company & Directors' Information:- B B LOGISTICS PRIVATE LIMITED [Active] CIN = U63090DL2004PTC127037

Company & Directors' Information:- L K INDUSTRIES PRIVATE LIMITED [Active] CIN = U17291MH2012PTC233546

Company & Directors' Information:- S N LOGISTICS PRIVATE LIMITED [Active] CIN = U63012CH2002PTC025625

Company & Directors' Information:- R K R LOGISTICS (INDIA) PRIVATE LIMITED [Active] CIN = U63000TN2013PTC092553

Company & Directors' Information:- G S C INDUSTRIES PRIVATE LTD [Active] CIN = U92114DL1956PTC002616

Company & Directors' Information:- R V N LOGISTICS PRIVATE LIMITED [Active] CIN = U60230WB2010PTC143118

Company & Directors' Information:- G G INDUSTRIES PRIVATE LIMITED [Active] CIN = U27320UP1969PTC003282

Company & Directors' Information:- K S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U31909MH1960PTC011707

Company & Directors' Information:- D. H. LOGISTICS PRIVATE LIMITED [Active] CIN = U63090WB2011PTC168814

Company & Directors' Information:- R H LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U63090MH2001PTC131215

Company & Directors' Information:- N G C M (INDUSTRIES) LTD [Dissolved] CIN = U19209WB1979PLC032019

Company & Directors' Information:- S M R C LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U74900WB2013PTC198142

Company & Directors' Information:- S S LOGISTICS PRIVATE LIMITED [Active] CIN = U60231BR2008PTC013984

Company & Directors' Information:- N. L. LOGISTICS PRIVATE LIMITED [Active] CIN = U63000MH2008PTC189073

Company & Directors' Information:- G S A LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U63000MH2011PTC220581

Company & Directors' Information:- P C S LOGISTICS PRIVATE LIMITED [Under Process of Striking Off] CIN = U63090TN2013PTC089677

Company & Directors' Information:- N S LOGISTICS PRIVATE LIMITED [Active] CIN = U63000WB2008PTC131437

Company & Directors' Information:- P M C LOGISTICS PRIVATE LIMITED [Active] CIN = U63090WB2004PTC098686

Company & Directors' Information:- P R INDUSTRIES PVT LTD [Active] CIN = U21014DL1971PTC005738

Company & Directors' Information:- R K I INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29190DL2012PTC233413

Company & Directors' Information:- S B LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U74140DL2000PTC107791

Company & Directors' Information:- C R LOGISTICS PRIVATE LIMITED [Active] CIN = U63090DL2013PTC246885

Company & Directors' Information:- D AND S LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U63013KA2001PTC029150

Company & Directors' Information:- M S V INDUSTRIES PRIVATE LIMITED [Active] CIN = U29309TN2020PTC138957

Company & Directors' Information:- P N P LOGISTICS PRIVATE LIMITED [Active] CIN = U74990MH2009PTC194269

Company & Directors' Information:- R K INDUSTRIES PVT LTD [Strike Off] CIN = U25202AS1988PTC003132

Company & Directors' Information:- J AND S LOGISTICS INDIA PRIVATE LIMITED [Active] CIN = U60231KL2020PTC065089

Company & Directors' Information:- S G R INDUSTRIES PVT LTD [Strike Off] CIN = U25199WB1948PTC016397

Company & Directors' Information:- G K S INDUSTRIES PVT LTD [Strike Off] CIN = U24119OR1982PTC001128

Company & Directors' Information:- B M K INDUSTRIES PRIVATE LIMITED [Active] CIN = U17100MH1948PTC006398

Company & Directors' Information:- V B LOGISTICS PRIVATE LIMITED [Converted to LLP] CIN = U63090MH2004PTC149795

Company & Directors' Information:- D S LOGISTICS PRIVATE LIMITED [Under Process of Striking Off] CIN = U60200AS2011PTC010839

Company & Directors' Information:- S R V LOGISTICS INDIA PRIVATE LIMITED [Active] CIN = U74900DL2009PTC194034

Company & Directors' Information:- K R INDUSTRIES INDIA PRIVATE LIMITED [Active] CIN = U25190KA2012PTC062367

Company & Directors' Information:- S H LOGISTICS PRIVATE LIMITED [Active] CIN = U60230TN2014PTC095531

Company & Directors' Information:- R. S. LOGISTICS INDIA PRIVATE LIMITED [Active] CIN = U63012TN2009PTC072438

Company & Directors' Information:- V AND O LOGISTICS PRIVATE LIMITED [Active] CIN = U63090DL2007PTC167663

Company & Directors' Information:- T C G INDUSTRIES PRIVATE LIMITED [Converted to LLP] CIN = U13200MH1958PTC011079

Company & Directors' Information:- Y K INDUSTRIES PRIVATE LIMITED [Active] CIN = U19115UP2012PTC051151

Company & Directors' Information:- E S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74999TN2012PTC086119

Company & Directors' Information:- I B INDUSTRIES LTD. [Strike Off] CIN = U28992WB1990PLC050469

Company & Directors' Information:- V I INDUSTRIES LTD [Strike Off] CIN = U36934WB1951PLC019890

Company & Directors' Information:- S R LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U63090DL2005PTC136137

Company & Directors' Information:- D G LOGISTICS PRIVATE LIMITED [Active] CIN = U63090MH2005PTC152748

Company & Directors' Information:- J M INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U05002UP1952PTC002456

Company & Directors' Information:- M. D. S. LOGISTICS PVT. LTD. [Active] CIN = U60231MH2007PTC169299

Company & Directors' Information:- S S M LOGISTICS PRIVATE LIMITED [Under Process of Striking Off] CIN = U63090OR2010PTC012824

Company & Directors' Information:- J M R LOGISTICS PRIVATE LIMITED [Active] CIN = U60210TN2008PTC068595

Company & Directors' Information:- T A S LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U51506TN2005PTC057318

Company & Directors' Information:- L E LOGISTICS PRIVATE LIMITED [Active] CIN = U63000MH2004PTC145852

Company & Directors' Information:- A U M LOGISTICS (INDIA ) PRIVATE LIMITED [Active] CIN = U63010MH2002PTC134538

Company & Directors' Information:- C N T LOGISTICS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U63010MH2006PTC159091

Company & Directors' Information:- V LOGISTICS (INDIA) PRIVATE LIMITED [Active] CIN = U63090MH2003PTC139384

Company & Directors' Information:- A V LOGISTICS PRIVATE LIMITED [Active] CIN = U63090MH2004PTC144812

Company & Directors' Information:- X LOGISTICS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U63090MH2010PTC205666

Company & Directors' Information:- M & S LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U51311MH1992PTC065470

Company & Directors' Information:- H R LOGISTICS PRIVATE LIMITED [Active] CIN = U60200TG2008PTC061403

Company & Directors' Information:- D R R LOGISTICS PRIVATE LIMITED [Active] CIN = U63040TN2008PTC070065

Company & Directors' Information:- L F INDUSTRIES PRIVATE LIMITED [Active] CIN = U17291UP2015PTC068602

Company & Directors' Information:- C M J LOGISTICS PRIVATE LIMITED [Under Process of Striking Off] CIN = U60210WB2007PTC120576

Company & Directors' Information:- A K S INDUSTRIES PVT LTD [Active] CIN = U27201WB1946PTC013433

Company & Directors' Information:- J B T A LOGISTICS PRIVATE LIMITED [Active] CIN = U63010WB2010PTC141971

Company & Directors' Information:- J B LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U63090WB2003PTC097362

Company & Directors' Information:- N A F LOGISTICS PRIVATE LIMITED [Active] CIN = U63090WB2011PTC161360

Company & Directors' Information:- N & N LOGISTICS PRIVATE LIMITED [Active] CIN = U60220CH2007PTC030971

Company & Directors' Information:- S M LOGISTICS PRIVATE LIMITED [Active] CIN = U63013DL2004PTC124446

Company & Directors' Information:- B L LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U63090DL2004PTC125536

Company & Directors' Information:- V M V INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U26990GJ2013PTC076945

Company & Directors' Information:- S. N. V. G. LOGISTICS PRIVATE LIMITED [Active] CIN = U63030MH2018PTC314140

Company & Directors' Information:- S K INDUSTRIES LIMITED [Under Process of Striking Off] CIN = U29248PN1948PLC001948

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Company & Directors' Information:- R. A. M INDUSTRIES PRIVATE LIMITED [Active] CIN = U17120MH2014PTC254820

Company & Directors' Information:- S E LOGISTICS PRIVATE LIMITED [Active] CIN = U61100MH2010PTC204955

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Company & Directors' Information:- B R LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U74900MH2009PTC195015

Company & Directors' Information:- S. B. INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74900PN2012PTC144181

Company & Directors' Information:- H D LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U74999MH2011PTC218898

Company & Directors' Information:- Y. K. LOGISTICS PRIVATE LIMITED [Active] CIN = U74120MH2012PTC233828

Company & Directors' Information:- A & P INDUSTRIES PRIVATE LIMITED [Active] CIN = U36935TG2014PTC095781

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Company & Directors' Information:- R V LOGISTICS PRIVATE LIMITED [Active] CIN = U63090TN2005PTC055384

Company & Directors' Information:- G R R LOGISTICS PRIVATE LIMITED. [Active] CIN = U63090TN2005PTC058118

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Company & Directors' Information:- T K LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U63090TN2011PTC080391

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Company & Directors' Information:- R A R INDUSTRIES PRIVATE LIMITED [Active] CIN = U74900TG2016PTC103684

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Company & Directors' Information:- D L LOGISTICS PRIVATE LIMITED [Active] CIN = U63090UP2013PTC055211

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Company & Directors' Information:- K S A B INDUSTRIES PRIVATE LIMITED [Active] CIN = U51909WB2012PTC181903

Company & Directors' Information:- P A LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U63090WB2014PTC200034

Company & Directors' Information:- M M LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U64120WB2000PTC091576

Company & Directors' Information:- S V S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U36100JK2013PTC003808

Company & Directors' Information:- B 2 C LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U63030CH2013PTC034416

Company & Directors' Information:- S R M LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U60231DL2005PTC133618

Company & Directors' Information:- R D M INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U31100DL2013PTC252294

Company & Directors' Information:- P. P LOGISTICS PRIVATE LIMITED [Active] CIN = U74999DL2010PTC211754

Company & Directors' Information:- J S B M LOGISTICS PRIVATE LIMITED [Active] CIN = U74120DL2009PTC194775

Company & Directors' Information:- D V LOGISTICS PRIVATE LIMITED [Active] CIN = U63000DL2011PTC217951

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Company & Directors' Information:- D 2 M LOGISTICS PRIVATE LIMITED [Active] CIN = U63000DL2015PTC285696

Company & Directors' Information:- H A LOGISTICS PRIVATE LIMITED [Active] CIN = U63010DL2008PTC176475

Company & Directors' Information:- N D LOGISTICS PRIVATE LIMITED [Under Process of Striking Off] CIN = U63013DL2005PTC136061

Company & Directors' Information:- A J S LOGISTICS PRIVATE LIMITED [Active] CIN = U63030DL2010PTC210993

Company & Directors' Information:- V G S LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U63030DL2012PTC232944

Company & Directors' Information:- S R A LOGISTICS PRIVATE LIMITED [Active] CIN = U63090DL2013PTC249529

Company & Directors' Information:- INDIA LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U63090DL2013PTC258271

Company & Directors' Information:- K. C. LOGISTICS PRIVATE LIMITED [Active] CIN = U63090DL2017PTC317125

Company & Directors' Information:- T V R LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U60200AP2013PTC086516

Company & Directors' Information:- H M LOGISTICS PRIVATE LIMITED [Active] CIN = U74140HR2013PTC051146

Company & Directors' Information:- INDUSTRIES INDIA PRIVATE LIMITED [Strike Off] CIN = U00349KA1947PTC000501

Company & Directors' Information:- A V K INDUSTRIES INDIA PRIVATE LIMITED [Strike Off] CIN = U52100KA2012PTC066761

Company & Directors' Information:- 3-D LOGISTICS PRIVATE LIMITED [Active] CIN = U63011KA2010PTC053124

Company & Directors' Information:- B & H LOGISTICS PRIVATE LIMITED [Active] CIN = U63040KA2015PTC081683

Company & Directors' Information:- A G M LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U63090KA2001PTC029780

Company & Directors' Information:- M H LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U63090KA2014PTC074933

Company & Directors' Information:- L K A LOGISTICS PRIVATE LIMITED [Strike Off] CIN = U63030KL2011PTC027769

Company & Directors' Information:- H & H LOGISTICS INDIA PRIVATE LIMITED [Strike Off] CIN = U63090GJ2013PTC073405

Company & Directors' Information:- V. A. R. INDUSTRIES PRIVATE LIMITED [Active] CIN = U18209DL2020PTC369202

Company & Directors' Information:- U K J INDUSTRIES PRIVATE LIMITED [Active] CIN = U21094DL2020PTC370720

Company & Directors' Information:- I N C INDUSTRIES PRIVATE LIMITED [Active] CIN = U74999MH2020PTC350470

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Company & Directors' Information:- S V INDUSTRIES PVT LTD [Strike Off] CIN = U27104WB1960PTC024715

Company & Directors' Information:- J INDUSTRIES PVT LTD [Strike Off] CIN = U18101OR1960PTC000388

Company & Directors' Information:- B P K INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U99999MH1960PTC011841

Company & Directors' Information:- T & M INDUSTRIES LIMITED [Liquidated] CIN = U99999TN1956PLC002904

Company & Directors' Information:- INDUSTRIES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51109BR1946PTC000228

Company & Directors' Information:- M A INDUSTRIES PVT LTD [Strike Off] CIN = U15412WB1950PTC019030

Company & Directors' Information:- INDUSTRIES INDIA PRIVATE LIMITED [Under Process of Striking Off] CIN = U60200BR1946PTC000035

Company & Directors' Information:- K INDUSTRIES LIMITED [Not available for efiling] CIN = U99999MH1946PTC005438

Company & Directors' Information:- B M K INDUSTRIES PVT LTD [Active] CIN = U99999MH1948PTC006393

Company & Directors' Information:- S K INDUSTRIES PVT LTD [Under Process of Striking Off] CIN = U99999MH1948PTC006932

Company & Directors' Information:- S K INDUSTRIES PVT LTD [Active] CIN = U15142PN1948PTC006932

Company & Directors' Information:- V B C INDUSTRIES LTD. [Not available for efiling] CIN = U99999AP2000PTC910431

    Appeal From Order (St) No. 93898 of 2020 with Interim Application (St) No. 93899 of 2020

    Decided On, 22 December 2020

    At, High Court of Judicature at Bombay

    By, THE HONOURABLE MR. JUSTICE SANDEEP K. SHINDE

    For the Appellants: Jaydeep Deo, Advocate. For the Respondents: Arjun Amanchi, Advocate.



Judgment Text

1. Heard. With consent of the learned counsel appearing for the parties, matter is taken up for final hearing forthwith.2. Appellants/plaintiffs instituted commercial suit No.12 of 2020 for damages and pending suit, sought mandatory injunction seeking release of bills of lading illegally withheld by the defendants-freight forwarding agents, so as to preserve the cargo, before it looses utility. The learned District Judge-2, Pune declined the mandatory relief vide order dated 10th August, 2020 and thus, this appeal is preferred under Section 13(1-A. of the Commercial Courts Act, 2015 read with Order 43 Rule 1 (2) of the Code of Civil Procedure, 1908.3. Plaintiff’s case is;Plaintiff is a private limited company, engaged in the business of manufacturing core board and high strength paper conversion products. Defendant is one of the group companies of SJA group, a freight forwarding agents. That since incorporation, plaintiffs have been exporting products to almost 36 countries and it exports consignments were handled by defendants. It is plaintiffs case that freight forwarding agent is also responsible for arranging over-seas customs clearance and inland haulage of the containers as per the order.FIRST CONSIGNMENT: 4. Plaintiffs, claim that on 27th April, 2020, core board paper weighing 2,22,334 metric ton was shipped in nine containers from factory of the plaintiffs. Port of loading was Nha-sheva and port of discharge was Bunder Abbas in Iran. These nine containers reached at port of destination, on 3rd May, 2020. Whereupon defendants raised two invoices nos. 17 and 18, towards ocean freight charges for Rs.11,66,874/- and Rs.5,900/-. However, defendants declined to release the bills of lading, on account of outstanding dues. Plaintiffs, therefore, on 22nd May, 2020, paid Rs.8,65,000/- to the defendants. After receiving Rs.8,65,000/-, defendants released bill of lading and issued seaway bill dated 29th April, 2020, which enabled consignee, to release the goods from the port at Iran. Plaintiffs would contend that since goods were not released within free period of 14 days, consignee was required to pay demurrage charges, US dollars 2340 i.e., Rs.1,80,297/-. Plaintiffs would claim that its customers demanded the demurrage charges and accordingly, plaintiffs raised credit note in favour of them for Rs.1,80,297/-.SECOND CONSIGNMENT: 5. It is the plaintiffs case that next consignment of 72,666 MT of core board paper in three containers left Nhava-sheva port on 29th April, 2020 and reached the port of destination, i.e., Abbas bunder at Iran on 8th May, 2020. Towards ocean freight charges of three containers, defendants raised two invoices on 17th June, 2020, i.e, nearly after a month and half for Rs.4,35,000/-.6. Subject dispute relates to second consignment, i.e., three containers which though reached port of delivery on 8th May, 2020, bills of lading were not released and withheld illegally by the defendants, even after paying freight charges.7. It is plaintiffs case that as per the prevailing practice, defendants were required to procure bills of lading from carrier and give it to shipper (plaintiffs. to enable shipper to forward it to its customers over-seas to enable them to release the goods. However, the defendants refused to release the bills of lading under the pretext of past dues. Plaintiffs, therefore, paid Rs.4,35,000/- to the defendants on 30th May, 2020, but in spite of payment, defendants declined to release the bills of lading. Defendants infact after receiving Rs. 4,35,000/- subjected release of consignment on two conditions :(I) additional shipment business;(ii) payment of Rs.20,00,000/- towards past dues8. Plaintiffs would assert that, in ordinary course of business, original bill of lading reaches consignee in time to avoid liability towards the demurrage or detention charges. However, though the second consignment had reached the port of destination on 8th May, 2020 and though Rs.4,35,000/- were paid on 30th May, 2020, bills of lading were not released. Resultantly, till date, consignment is lying at the port of destination. It is thus, asserted that the defendants cannot take disadvantage of their own wrong and therefore are liable to release consignment and pay demurrage charges.9. Plaintiffs stated that core board paper is having limited life and if goods are not taken out from the containers, same are likely to loose its utility and, therefore, it is just necessary that goods are immediately released from the port of destination. That if the goods are allowed to remain inside the container during pendency of the suit, the purpose of fling suit and seeking relief would be frustrated. Plaintiffs stated that defendants cannot take disadvantage of its own wrong and, therefore, liable to make good loss caused to plaintiffs and its customers in Iran towards demurrage and detention charges or any other charges, which the plaintiffs and consignee may have to pay to get the containers released. Under these circumstances, plaintiffs have fled suit seeking declaration that the defendants have committed breach of contract and thus, withholding bill of lading is illegal and void-ab-initio. That due to illegal and irresponsible act of withholding bill of lading from 8th May, 2020 in respect of three containers, customers have lost confidence in the plaintiffs, who have informed the plaintiffs that they will not do any business with the plaintiffs in future. Therefore, besides, seeking declaration that defendants have committed breach of contract by withholding bill of lading, plaintiffs are also seeking declaration that defendants are liable to pay sum of Rs.1,80,297/- with interest @ 24% p.a. towards the demurrage and detention charges (towards first consignment. and damages of Rs.1,25,00,000/- per financial year including financial year 2020-21 and every financial year thereafter till disposal of the suit, towards damages for loss of business and loss of profit in relation to its customers in Iran. Pending suit Plaintiffs are seeking directions to the defendants to release the bill of lading or sea-way bills vis-a-vis 72666 MT of core board papers now lying at Abbas bunder in Iran in three containers without payment of any detention/demurrage charges by the plaintiffs or its customers.10 Pending suit, plaintiffs sought relief of mandatory injunction seeking directions against the defendants to release three containers lying at freight container station, bunder-Abbas, Iran. Trial court declined the relief and therefore this Appeal.11. Submission of the plaintiffs, is therefore, two fold; that second consignment reached the port of destination on 8th May, 2020. Thereafter, plaintiffs paid Rs.4,35,000/- to the defendants on 30th May, 2020 with a clear understanding that this amount would be appropriated towards freight charges for three containers. In spite of receiving Rs.4,35,000/-, defendants refused to release bills of lading. Counsel would submit, this payment was made in view of the clear understanding arrived at between the parties as is evident from what’s app messages exchanged between Mr. S.M.Nagar (representative of the plaintiffs. and Mr. Rajan Shah (representative of the defendant..12. Defendants refuted plaintiffs claim on the following grounds:(a) Though invoices for ocean freight charges for three containers were raised on 17th June, 2020 for Rs. 4,35,000/-, plaintiffs have not paid the charges till date;(b) That Rs.4,35,000/- paid on 30th May, 2020 were adjusted against dues in running account as per the practice;(c) In absence of such “other circumstances” “and or of intimation of appropriation” from the plaintiffs, while paying Rs.4,35,000/-, it was appropriated towards subsisting lawful dues;(d) That defendants being bailee has had right to retain the three containers / shipments until due remuneration for the services rendered is received.13. Thus, it appears defendants have exercised “right to retain goods” in terms of section 170 of the Indian Contract Act, 1872; and “right to appropriate” Rs.4,35,000/- against debt, in absence of specific intimation envisaged under Section 60 of the Indian Contract Act, 1872.14. Before appreciating rival contentions let me reproduce the provisions of Sections 60, 170 and 171 of the Indian Contract Act, 1872;“60. Application of payment where debt to be discharged is not indicated.- Where the debtor has omitted to intimate and there are no other circumstances indicating to which debt the payment is to be applied, the creditor may apply it at his discretion to any lawful debt actually due and payable to him from the debt r, whether its recovery is or is not barred by the law in force for the time being as to the limitation of suits.”“170. Bailee’s particular lien.- Where the bailee has, in accordance with the purpose of the bailment, rendered any service involving the exercise of labour or skill in respect of the goods bailed, he has, in the absence of a contract to the contrary, a right to retain such goods until he receives due remuneration for the services he has rendered in respect of them.”“171. General lien of bankers, factors, wharfingers, attorneys and police-brokers. - Bankers, factors, wharfingers, attorneys of a High Court and police-brokers may, in the absence of a contract to the contrary, retain, as a security for a general balance of account, any goods bailed to them; but no other persons have a right to retain, as a security for such balance, goods bailed to them, unless there is an express contract to that effect.”15. Thus, questions, I am called upon to answer are;(i) Whether defendants being freight services agents, have right to retain shipment i.e. goods bailed, for not receiving the ocean freight charges in terms of Section 170 of the Indian Contract Act, 1872?(ii) Whether defendants were justified in appropriating Rs. 4,35,000/- made on 30th May, 2020 against past dues?(iii) Whether, while making payment of Rs.4,35,000/- on 30th May, 2020, “attendant circumstances”, were indicating that this payment was towards ocean freight charges for three containers, which reached port of delivery on 8th May, 2020?(iv) Whether plaintiffs have made out prima facie case and in whose favour balance of convenience tilts and whether plaintiffs would suffer irreparable loss if the injunction is refused?16. In this case, it is undisputed fact that since plaintiffs incorporation, its export consignments have been handled by the defendants as a freight forwarding agents. Plaintiffs ledger account (1.7.2019 to 2.7.2020. shows, it is running account, i.e., payments were made to the defendants towards services rendered at convenient intervals subject to final settlement of accounts.17. Here first consignment of nine containers reached the port of load on 27th April, 2020 and reached the port of destination on 26th April, 2020. On the next day, defendants raised invoices towards ocean freight for nine containers, i.e., on 27th and 28th April, 2020, in all for Rs.11,72,774/-.18. Though the three containers (second consignment. reached the port of destination on 8th May, 2020, defendants have not released bills of lading till date and therefore, M/s Good Rich Maritime Pvt. Ltd. shipper liner called upon the plaintiffs to clear the shipment and further inform that till 10th October, 2020, shipment has accrued demurrage and detention charges Rs.9,09,000/-.19. Evidence on record shows following payments were made by the plaintiffs to the defendants from March 2020 till June, 2020;“IMAGE”Submission of the plaintiffs is that second consignment reached the port of destination on 8th May, 2020 and thereafter, plaintiffs paid Rs. 4,35,000/- on 30th May, 2020 towards its freight charges whereupon defendants agreed to release the consignment. This, agreement-a circumstance is discernible from the messages exchanged between Mr. S.M. Nagar (representative of the plaintiffs. and Mr. Rajan Shah (representative of the defendants.. Thus, submitted that messages exchanged establishes the fact that defendants had agreed to release bills of lading of second consignment soon after, receipt of Rs. 4,35,000/-. To appreciate the arguments messages exchanged between the plaintiffs and the defendants are reproduced herein under;As discussed, I would also request you to kindly plan to release the remaining 3 B/Ls tomorrow… I am trying to release the remaining Rs.4.35 Lakhs out of the committed Rs. 13 LakhsThanks once again… My remittance of Rs. 4.36 Lakh will happen either1 as te today or tomorrow,,,Kindly arrange for release as discussed….Regards….. Nagarcc: Sh Sudhir Pendse[29/05/20, 7:20:02 PM] S N Nagar : Sir, awaiting your confirmation…. Regards[29/05/20, 7:56:25 PM] Rajan Micro 2 : You have not transfer any money[29/05/20, 8:31:32 PM] S N Nagar : Yes Please…. It will be done tomorrow…. Theremaining Rs. 4.35 Lkh….kindly get the remaining 3 B/Ls…. Regards…. Nagar[30/05/20, 2:18:35 PM] S N Nagar : image omitted[30/05/20, 2:19:47 PM] S N Nagar : Sir, Payment made ….. please see attached screen shot...kindly process the remaining 3 B/L please… Regards…. Nagar[01/06/20, 2:37:57 PM] S N Nagar : Good afternoon Sir…. Hope you are getting thereafter B/L released for 3 containers of Iran…. We had made the payment to you as[01/06/20, 2:41:46 PM] Rajan Micro 2 : Sorry sir payment not as per our agreement you have misunderstood kindly check with bharat.[01/06/20, 2:42:06 PM] Rajan Micro 2 : will cal u after one hour[01/06/20, 2:44:07 PM] S N Nagar : Please call [02/06/20, 11:08:52 AM] S N Nagar : Good morning… I was waiting for your call…Hope you are releasing the 3 B/Ls today….. Regards[02/06/20, 11:14:53 AM] Rajan Micro 2 : Sorry sir we will not be able to do it unlesswe have some more payment and shipment in pipeline this our business policy from beginning. Sir I can not risk open credit with you hope you will understand. Send meyour payment plan sir. Will be able to speak only after 2pm.[03/06/20, 11:03:50 AM] S N Nagar: Good morning Sir…. I await your call & updateon the 3 B/L of Iran…. Kindly revert…. Regards….. Nagar[03/06/20, 11:08:44 AM] Rajan Micro 2 : Gud mrng kindly go through my yesterday msgit is very clear.[03/06/20, 11:20:04 AM] S N Nagar: Sir, requesting to release the 3 B/L…. Rest allwe can clear/ discuss……. Regards[03/06/20, 11:33:41 AM] Rajan Micro 2: Sir sorry every time we discuss. My stand is veryvery very clear I can not give you clean credit without having any shipment inmy hand or other options you have to clear my entire out standing (which I know isnot possible). Any way as you have only mentioned few days back your exportshipments are starting in this week so let’s wait till than. I am assuring you once new chtrs are stuff and reached the port for export we will release this B1 ALONG WITH MINIMUM PAYMENT OF 20 LACS. This are my two requirements sir. I have always supported your company and trusted & respect your commitment but we are business not exchanging services/ money on personal relationships. Hope sir you understand. You should understand despite all this we release 9cntrs B1 just to help you out(from the beginning I was not in favour and against our business policy) request you not to take too much advantage of relationship.20. What could be gathered from these messages is that; Mr. S.M. Nagar (representative of the plaintiffs. on 28th May, 2020 requested Mr. Rajan (representative of the defendants. to release three bills of lading and assured payment of Rs. 4,35,000/-, out of committed Rs. 13,000,00/-. On 29th May, 2020, Mr. S.M. Nagar again requested to release bills of lading. Defendants in reply just enquired about the payment, since not received by them on 29th May, 2020 and said nothing more. On 30th May, 2020, Rs. 4,35,000/- were credited in the books of defendants. However, bills were not released. Thus, on 1st June, 2020, Mr. Nagar once again, requested Mr. Rajan Shah to release bills of lading, however, he declined to release the bills. Defendant’s message of 3rd June, 2020 suggests that for the first time release of consignment, was made subject to two conditions. The first condition was that plaintiffs would get more business of shipment to the defendants and second that plaintiffs would pay Rs. 20,000,00/- on account towards outstanding dues.21. Thus, in consideration of, the facts of the case, messages exchanged, its reasonable construction, coupled with the fact that parties were following and maintaining “on account payment” practice, since long, in my view, Rs.4,35,000 paid by the plaintiffs to the defendants were towards sea freight charges for three containers. One more circumstance emerged on record, is that invoices for second consignment were raised nearly after a month and half, i.e., on 17th June, 2020. This is unusual departure from the prevailing practice. No reasons are coming forth for such a departure or delay in raising the invoices. In fact, defendants in the prevailing circumstances were expected to raise invoices soon after the second consignment reached port of delivery. Therefore, this circumstance assumes significance, while appreciating the contentions of the plaintiffs and defence put up by the defendants. Factually, speaking messages reproduced above do not even suggest “that defendants had communicated plaintiffs before hand that Rs.4,35,000/- would be adjusted against the dues.” On the contrary, messages in clear terms suggest that second consignment would be released on receipt of Rs.4,35,000/-.In fact, on assurance by the defendants that upon receiving Rs.4,35,000/-, consignment would be released, plaintiffs made no mistake in believing the defendants in paying Rs.4,35,000/- on 30th May, 2020. However, defendant’s intention was otherwise, as is evident from the messages dated 1st and 3rd June, 2020, which I re-produce, again:“[01/06/20, 2:41:46 PM] Rajan Micro 2 : Sorry sir payment not as per our agreement you have misunderstood kindly check with bharat.[01/06/20, 2:42:06 PM] Rajan Micro 2 : will cal u after one hour[01/06/20, 2:44:07 PM] S N Nagar : Please call[02/06/20, 11:08:52 AM] S N Nagar : Good morning… I was waiting for your call…Hope you are releasing the 3 B/Ls today….. Regards[02/06/20, 11:14:53 AM] Rajan Micro 2 : Sorry sir we will not be able to do it unlesswe have some more payment and shipment in pipeline this our business policy from beginning. Sir I can not risk open credit with you hope you will understand. Send meyour payment plan sir. Will be able to speak only after 2pm.[03/06/20, 11:03:50 AM] S N Nagar: Good morning Sir…. I await your call & updateon the 3 B/L of Iran…. Kindly revert…. Regards….. Nagar[03/06/20, 11:08:44 AM] Rajan Micro 2 : Gud mrng kindly go through my yesterday msgit is very clear.[03/06/20, 11:20:04 AM] S N Nagar: Sir, requesting to release the 3 B/L…. Rest all we can clear/ discuss……. Regards [03/06/20, 11:33:41 AM] Rajan Micro 2: Sir sorry every time we discuss. My stand is very very very clear I can not give you clean credit without having any shipment inmy hand or other options you have to clear my entire out standing (which I know is not possible). Any way as you have only mentioned few days back your export shipments are starting in this week so let’s wait till than. I am assuring you once new chtrs are stuff and reached the port for export we will release this B1 ALONG WITH MINIMUM PAYMENT OF 20 LACS. This are my two requirements sir. I have always supported your company and trusted & respect your commitment but we are business not exchanging services/ money on personal relationships. Hope sir you understand. You should understand despite all this we release 9cntrs B1 just to help you out(from the beginning I was not in favour and against our business policy) request you not to take too much advantage of relationship.” 22. Thus, upon reading the text messages of 1st, 2nd and 3rd June together, it is to be observed that after receiving Rs.4,35,000/-, defendants made, the release of consignment, conditional and exercised “right to retain goods” under Section 171 of the Indian Contract Act, 1872. However, messages of 3rd June, 2020 show that the defendants had not exercised a ‘particular liens but ‘general liens. If read carefully, 3rd June message, does not suggest, goods were retained for not making payment of sea freight for second consignment. In fact, evidence and the circumstances emerging and flowing were indicative of the fact that Rs.4,35,000/- were paid towards freight charges of second consignment and not against dues, however, in breach of assurance/promise, defendants, adjusted it against dues and declined to release bills. The question nos.15 (i), (ii) and (iii) are answered accordingly, in negative.23. Now so far as the issue, whether defendants were entitled to exercise lien under Section 171 of the Indian Contract Act, 1872 is concerned, it may be stated that defendants were not entitled to exercise general lien being not banker, factors, wharfingers, attorneys and also broker.24. The Hon’ble Apex Court in the case of Board of Trustees of the Port of Bombay and others v. Sriyanesh Knitters (1999) 7 Supreme Court Cases 359 has observed in paragraph 17 thus:“17. Having come to the conclusion that the MPT Act does not oust the provisions of Section 171 of the Contract Act what we have now to see is whether the appellants can claim any relief or benefit under the said section. Section 171 of the Indian Contract Act, 1872, reads as follows:171. General lien of bankers, factors, wharfingers, attorneys, and policy-brokers - Bankers, factors, wharfingers, attorneys of a High Court and policy-brokers may, in the absence of a contract to the contrary, retain as a security for a general balance of account, any goods bailed to them; but no other persons have a right to retain, as a security for such balance, goods bailed to them, unless there is an express contract to that effect.This section is in two parts. The first part gives statutory right o

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f lien to four categories only, namely, bankers, factors, wharfingers and attorneys of High Court and policy-brokers subject to their contracting out of Section 171. The second part of Section 171 applies to persons other than aforesaid five categories and to them Section 171 does not give a statutory right of lien. It provides that they will have no right to retain as securities goods bailed to them unless there is an express contract to that effect. Whereas in respect of the first category of persons mentioned in Section 171 section itself enables them to retain the goods as security in the absence of a contract to the contrary but in respect of any other person to whom goods are bailed the right of retaining them as securities can be exercised only if there is an express contract to that effect.”.In the case in hand, pleadings of either party do not suggest that bailee was empowered to exercise the general lien envisaged under Section 171 of the Indian Contract Act, 1872.25. Thus, in consideration of the facts, evidence and circumstances emerging and flowed therefrom, I hold that(1) Rs.4,35,000/- were paid by the plaintiffs on 30th May, 2020 to the defendants towards sea freight charges for second consignment;(2) Circumstances prevailing were “indicative of the fact” that Rs.4,35,000/- were paid towards second consignment and therefore, defendants were not justified in adjusting it against the dues;(3) Defendants were not entitled to exercise general lien in terms of Section 171 of the Indian Contract Act, 1872.26. Goods cargo in the second shipment is a paper, a perishable product, which may loose its utility if kept for long period. Even otherwise, plaintiffs have paid sea freight for second consignment. Therefore, it is just and proper to direct defendants to release bills of lading immediately. In fact, it appears, that since second consignment has not been released within reasonable time, plaintiffs vendees have cancelled the orders. Therefore, the balance of convenience also tilts in favour of the plaintiffs.27. For the reasons stated above, I pass the following order:(I) Appeal is allowed.(ii) Impugned order dated 10th August, 2020 passed by the I/c District Judge-2, Pune is quashed and set aside.(iii) Prayer clause (b) of the Civil Application is granted and made absolute.28. As the appeal itself is disposed of, nothing survives in the civil application therein and the same is also disposed of.
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