COGOPORT PRIVATE LIMITED Vs. STRIDES PHARMA SCIENCE LIMTED

JUDGEMENT

(1.) An appeal under Sec. 13(1A) of the Commercial Courts Act, 2015 has been filed against the Order dtd. 28/7/2023 allowing the I.A.11644/2023 of the plaintiff directing the appellant/defendant No.3 to forthwith release all original documents/ Bill of Lading pertaining to the Consignment of the respondent No.1/plaintiff to him and has also restrained the appellant from obstructing the release of Consignment in question.

(2.) The facts in brief are that the plaintiff Stride Pharma Science Limited (hereinafter referred to as "respondent No. 1") is a Pharmaceutical Company which engaged the services of respondent No.2/defendant No.1 on 31/3/2023 to deliver its consignment of life saving medicines on urgent basis to its clients L.N.K. International Inc. New York. In furtherance thereto respondent No.2/ defendant No.1 issued House Bill of Lading (HBOL) dtd. 31/3/2023. Respondent No.2 in order to honour the contract, forwarded the consignment to respondent No.3/defendant No.2, a Forwarding Agent, who in turn further forwarded the consignment to the appellant/defendant No.3.

(3.) The complete payments relating to delivery of freight were made by the respondent No.1 to respondent No.2.The Consignment reached final destination i.e. New York on 12/6/2023, but was illegally withheld by City Freight Logistics Inc. (Delivery Partner No.1 in New York) and AJ Worldwide Logistics (Delivery Partner No.2 in New York) on specific instructions of the appellant and respondent No.4.