Case: Ttk Biomed Limited Vs. Arebee Star Maritime Agencies Private Limited &amp; Others

2. The Appellant is a Company incorporated under the provisions of the Companies Act, 1956 carrying on business inter alia of production of Rubber Condoms and Rubber Gloves. Defendant No.4, is the main line carriers of the container on which the consignment of the Appellant was carried. Defendant No.5 is a Company incorporated under the Companies Act, 1956 and is the Indian Agent of Defendant No.6. Defendant No.1 is a Public Limited Company incorporated under the provisions of the Companies Act, 1956, and is the Consignee to whom the Appellant had shipped the goods to. Defendant No.2 is a partnership firm. Defendant No.3 is a Company incorporated under the provisions of the Companies Act, 1956 and which was handed over the consignment of the goods by the Appellants for shipping the same to Moscow. Defendant No.6 Zim Izrael Navigation is the principal of whom Defendant No.5 is the Indian Agent. Defendant No.7 is a Nationalized Bank.

Reasoning: 18. After hearing both the learned Counsel, it is explicitly clear from the pleadings in the Plaint itself, that the suit is filed against Defendant No.6 much after the expiry of one year. There is absolutely no ambiguity and there is no evidence needed for establishing the same. 19. In the light of EastWest Steampship Co. Case as held by the Honble Supreme Court, the Appellants right to sue itself gets extinguished after a lapse of one year after the delivery of the goods. 20. Saleem Bhais case also makes it clear that the application under Order VII Rule 11 of the Code of Civil Procedure should be decided on the basis of pleadings in the Plaint and need not wait till the trial.