Calcutta High Court
M/S. Carnation Industries Ltd vs A. P. Moller - Maersk Aktieselskab & Ors on 19 May, 2011
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
GA No. 1473 of 2011
CS No. 102 of 2011
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
M/S. CARNATION INDUSTRIES LTD.
Versus
A. P. MOLLER - MAERSK AKTIESELSKAB & ORS.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 19th May, 2011.
Appearance :
Mr.Ranjan Bachawat, Adv., Mr.P. Sinha, Adv., for the plaintiff.
Mr.S.K. Das, Adv., for the defendant nos.1 and 2.
Mr.Sudhakar Prasad, Adv., for the defendant no.7.
The Court : The first and second defendants are represented. The defendant no.7 is also represented. The plaintiff says that the defendant no.5 has refused to accept the papers.
The plaintiff had shipped goods on board the vessel Tiger Spring which was seriously damaged following a collision with another vessel in November, 2010. The vessel 2 and the goods have since been salvaged and a demand has been made on the plaintiff for furnishing security before the plaintiff is permitted to obtain release of its goods. The plaintiff says that despite the plaintiff not being party to any arbitration agreement, whether directly or by incorporation, the matters relating to the security to be furnished by the plaintiff have apparently been taken up by an Arbitrator who has entered upon a reference. The plaintiff says that the only document that the plaintiff has in connection with the transaction is the bill of lading which was issued by the second defendant agent of the first defendant carrier. The bill of lading was apparently issued after the collision took place.
The plaintiff says that a substantial part of the plaintiff's goods have been damaged and that such goods should immediately be inspected. The original value of the goods, according to the plaintiff, was Rs.47 lakh.
The immediate apprehension of the plaintiff is that if the plaintiff does not give in to the demands made by the fifth defendant, the plaintiff's goods may be dealt with.
Subject to the plaintiff putting in cash security with the Registrar, Original Side, in the sum of Rs.20 lakh, there 3 will be an order of injunction restraining the defendants whether by themselves or by their agents or servants or assigns or otherwise howsoever from dealing with or disposing of the plaintiff's goods in the containers specified at paragraph 7 of the petition. The security should be furnished by June 7, 2011. There will be an unconditional order of injunction till June 7, 2011 but the injunction will dissolve if the security is not furnished within the time permitted.
The matter will appear as a new motion on June 9, 2011 by which time the other parties should also be served.
Urgent certified photocopies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) sd/