Aristo Texcon Pvt. Ltd. Vs. Star Shipping Services (India) Pvt. Ltd. and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/1060732
CourtKolkata High Court
Decided OnFeb-26-2013
JudgeI. P. MUKERJI
AppellantAristo Texcon Pvt. Ltd.
RespondentStar Shipping Services (India) Pvt. Ltd. and ors.
Excerpt:
order sheet ga 42.of 201.cs 4.of 201.in the high court at calcutta ordinary original civil jurisdiction original side aristo texco.pvt.ltd.versus star shipping services (india) pvt.ltd.& ors.before: the hon'ble justice i.p.mukerj.date :26. h february, 2013 mr.p.chatterjee, sr.adv.appears.mr.t.bose, sr.adv.appears.mr.a.chowdhury, sr.adv.appears.the court : mr.chatterjee for the petitioner assures the court on behalf of his client that his client will take all steps for release of the containers from the statutory authorities and the container freight station within 25 days from date. it is to be noted that then the containers will be at the point of being destuffed. within such period, the petitioner will pay the 1st defendant, being the container owner, rs.40 lakhs in cash (including pay order/bank draft) and furnish a bank guarantee for rs.22 lakhs in favour of the 1st defendant. upon receiving such payment, the containers may be released by the 1st defendant to the petitioner for being destuffed and its contents loaded onto trucks to be carried onward to agartala. the empty containers are to be returned to the 1st defendant within a week from that date. this payment will abide by the decree to be passed in the suit including a decree for refund of the sum paid by this order. the 1st defendant’s right to file a counter claim is in no manner affected by this order. the 1st defendant will extend all cooperation for implementation of this order. the customs.the port authorities and the container freight station will also act according to this order subject to payment of their applicable charges and duties by the plaintiff. the 1st defendant will also issue the necessary no objection pursuant to this order. the 1st defendant’s claim for handling charges of rs.54,214/- is to be paid to it by the plaintiff. as nothing remains in this application, it is disposed of. as affidavits were not invited, the allegations contained in the petition are deemed not to be admitted. liberty to apply. all parties concerned and the above statutory authorities and container freight station are to act on a signed photocopy of this order on the usual undertakings. tk (i.p.mukerji, j.)
Judgment:

ORDER

SHEET GA 42.OF 201.CS 4.OF 201.IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE ARISTO TEXCo.PVT.LTD.Versus STAR SHIPPING SERVICES (INDIA) PVT.LTD.& ORS.BEFORE: The Hon'ble JUSTICE I.P.MUKERJ.Date :

26. h February, 2013 Mr.P.Chatterjee, Sr.Adv.appeaRs.Mr.T.Bose, Sr.Adv.appeaRs.Mr.A.Chowdhury, Sr.Adv.appeaRs.The Court : Mr.Chatterjee for the petitioner assures the Court on behalf of his client that his client will take all steps for release of the containers from the statutory authorities and the Container Freight Station within 25 days from date.

It is to be noted that then the containers will be at the point of being destuffed.

Within such period, the petitioner will pay the 1st defendant, being the container owner, Rs.40 lakhs in cash (including pay order/bank draft) and furnish a bank guarantee for Rs.22 lakhs in favour of the 1st defendant.

Upon receiving such payment, the containers may be released by the 1st defendant to the petitioner for being destuffed and its contents loaded onto trucks to be carried onward to Agartala.

The empty containers are to be returned to the 1st defendant within a week from that date.

This payment will abide by the decree to be passed in the suit including a decree for refund of the sum paid by this order.

The 1st defendant’s right to file a counter claim is in no manner affected by this order.

The 1st defendant will extend all cooperation for implementation of this order.

The CustoMs.the Port authorities and the Container Freight Station will also act according to this order subject to payment of their applicable charges and duties by the plaintiff.

The 1st defendant will also issue the necessary no objection pursuant to this order.

The 1st defendant’s claim for handling charges of Rs.54,214/- is to be paid to it by the plaintiff.

As nothing remains in this application, it is disposed of.

As affidavits were not invited, the allegations contained in the petition are deemed not to be admitted.

Liberty to apply.

All parties concerned and the above statutory authorities and Container Freight Station are to act on a signed photocopy of this order on the usual undertakings.

tk (I.P.MUKERJI, J.)