SAFMARINE CONTAINER LINES N.V. Vs. AMITA ENTERPRISES

JUDGEMENT

(1.) The Plaintiff has filed the aforementioned interim application, being IA No.2880/2011, praying for passing of an order granting stay of the proceedings in Consumer Complaint No.11 of 2009, pending before the Consumer Disputes Redressal District Forum, Gautam Budh Nagar till adjudication of the suit filed by the Plaintiff.

(2.) The facts material for the determination of the present application are as follows.

(3.) The Plaintiff instituted the abovementioned Inter-pleader suit under Order XXXV read with Section 151 of the Code of Civil Procedure, 1908 before this Court against the Defendant Nos.1 and 2 seeking, inter alia, interpleading of the Defendants in respect of a dispute relating to the title/ownership of a consignment of 85,200 Kilograms of cast iron scrap shipped by M/s. Accord Metals (Kenya) Ltd. (hereinafter referred to as "ACCORD") through the Plaintiff sometime in October, 2008. The Plaintiff agreed to carry the aforesaid consignment from the port of Mombasa, Kenya to the port of Dadri, India on freight prepaid basis in three containers, which were released by its local agent to Accord for stuffing their cargo. Upon receipt of the said three containers for shipment, the Plaintiff loaded these containers onboard M.V. Nordstar at Mombasa, Kenya and issued an original Bill of Lading bearing No.751156016 to Accord, in terms of whose instructions Defendant No.2 was named as consignee thereon.