KRISHNA AGROTECH LIMITED Vs. PIL INDIA PRIVATE LIMITED

JUDGEMENT

(1.) Chakiat Agencies Pvt. Ltd. carries on the business of a freight forwarder.

(2.) On 10th October, 2014 the vessel arrived in Mombasa.

(3.) It appears that upto the point the vessel reached the port of Mombasa and even thereafter there was no real dispute between the parties. The respondent company through their freight forwarding agent instructed the ship owner that the goods should be re-routed to Free Town, Sierra Leone for delivery. The email of the respondent to Chakiat dated 11th October, 2014 (annexure-C page 20 of the affidavit-in-opposition) clearly shows that they were agreeable to bear all charges for this re-export. On 9th November, 2014 the respondent company paid the vessel owner a sum of Rs. 7.2 lakhs for re-routing the goods. The respondent says that they made it a condition that the goods must reach Sierra Leone by 20th December, 2014. This re-shipment was never made.