1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3866 OF 2006 IN SUIT NO.1861 OF 1997 Dhanesh B. Jain .. Plaintiff Versus ACE Lines & Ors. .. Defendants Mr.C.Balsara with M.Modi i/b.K.Ashar & Co. for plaintiff Mr.A.Kamath i/b.A.Mehta Laljee for defendant Nos.1 to 3 None for defendant No.4. CORAM : S.C.DHARMADHIKARI, J. DATE : 14th October 2008 P.C. . Heard Mr.Balsara for plaintiff in support and Mr.Kamat for defendant Nos.2 and 3. Perused the motion, affidavit in support and reply. 2. The claim in the suit is for a decree in the sum of U.S.$ 1,13,267.43. The claim is on the basis that the defendants were duty bound to 2 deliver the consignment covered under the bill of lading, only upon presentation of the original bill of lading. They have committed breach of the contract of Carriage by wrongfully and deliberately delivering the consignment covered under the bill of lading without demanding presentation of the original bill of lading. They have also committed breach of provisions of Carriage of Goods by Sea Act. 3. However, the losses sustained are claimed on the basis that there is no dispute that the original bills were not produced and yet delivery was effected. However, in para 12 of the plaint itself, the plaintiffs have pleaded that the goods were handed over to M/s.Universal Apparels who were the buyers. That is allegedly on the basis that Universal were a known party to defendant No.4. In turn the goods were handed over by Univesal to M/s.Passionate Industries Ltd. Reading of the plaint itself discloses that 3 the disputes between the plaintiff and defendant have been amicably resolved but that plea is refuted and correspondence is sought to be relied upon. 4. It is in this money claim of damages that certain interim orders are claimed including furnishing of security by the defendants towards suit claim. 5. Any larger controversy need not be decided as perusal of the plaint and affidavit in reply itself denote that this is not an admitted liability. Plaintiffs will have to prove their loss sustained by the alleged breach of contract. Whether delivery was effected by defendant No.4 to Universal and in turn by Universal to Passionate and there is complete satisfaction of the dues or liability is something for which evidence will have to be led by parties. Each of the allegations in the plaint will have to be 4 proved so also contents of the documents annexed therewith. It is not possible to direct at this stage itself that the defendants should furnish the security in satisfaction of the suit claim. There are highly contentious issues involve and no interim reliefs can be granted, considering the nature of the claim in the suits. 6. For all these reasons notice of motion is dismissed. However, at the request of Mr.Balsara hearing of suit is expedited. Written statement to be filed within four weeks. (S.C.Dharmadhikari, J)