SIDDHI VINAYAK INDUSTRIES PVT LTD Vs. MAHESH GOYAL

JUDGEMENT

(1.) This is an application of revocation of the leave granted under clause 12 of the Letters Patent. Before dealing with the respective contentions of the parties it is trite to narrate the case made out by the plaintiff in the plaint.

(2.) The plaintiffs are the companies having registered office at 24A Shakespeare Sarani, Kolkata 700 071 and are engaged in a business of importing palm oil. The plaintiff no. 2 is the sister concern of the plaintiff no. 1. The plaintiff no. 1 imported 1500 mt. RBD palm olien (edible grade) from Singapore and was agreed to be discharged at Kandla Port, India. The entire transaction was mediated through company broker, Raghunath (Agencies) Pvt. Ltd., being the business concern of the defendant no. 3 and 4. By six several bills of lading the entire consignment was shifted through the vessel from Indonesia for the said Kandla Port, India. The said defendant no. 3 and 4 represented that the defendant no. 1 and 2 are interested in purchase of 500 mts. of the said RBD palm olien (edible grade) and one Amit Kumar of Swastik International for purchase of the other 500 mts. of the said palm olien. It is a specific case in the plaint that the defendant no. 1 had past dealings with the defendant no. 1 and 2 and as such acted on the representation of the defendant no. 3 and 4 and showed its willingness to enter into agreements with the said defendant no. 1 and 2. The aforesaid negotiations were made within and outside the jurisdiction of the court.

(3.) It is the further case of the plaintiffs that the terms of agreement were finalized including the price of the said goods shifted under the bill of lading at Kandla Port, India. The plaintiff no. 1 thereafter entered into a high sea sale agreement with the sister concern i.e. the plaintiff no. 2 for 1000 mt. of RBD palm olien (edible grade) which was held within the knowledge and notice of the defendant no. 1 4.