PEC LTD Vs. JAI BALJI INDUSTRIES LTD

JUDGEMENT

(1.) This appeal is directed against an ad interim order dated 12th June 2009 passed by the Hon'ble First Court in an interim application being G.A. No. 1329 of 2009 filed by the respondent/plaintiff. By that order, His Lordship was pleased to grant an order restraining the appellant/defendant from operating its accounts was confirmed and a receiver was appointed for drawing samples of the goods and getting the same analysed through National Test House, Alipore, Kolkata.

(2.) Since affidavits had not been filed before the Trial Court, we were of the opinion that the prima facie case of the parties could be best understood by inviting affidavits. By consent of the parties the above interim application was heard out together with the appeal, after filing of the affidavits by the parties.

(3.) Facts revealed that the respondent/plaintiff entered into an agreement on 28th July 2008 with a foreign seller for purchase of 7100MT of Manganese Ore. The goods were to be sold by the foreign seller under a CIF contract and to be discharged at Paradeep Port. It was a term of this agreement that the quality and quantity of the goods were to be inspected by the buyer before they were landed at the port of loading.