STATE BANK OF SAURASHTRA Vs. ASHIT SHIPPING SERVICES PRIVATE LIMITED
LAWS(SC)-2002-4-172
SUPREME COURT OF INDIA (FROM: GUJARAT)
Decided on
April 12,2002
STATE BANK OF SAURASHTRA
Appellant
VERSUS
M/S. Ashit Shipping Services (P) Ltd. And Anr.
Respondents
Referred Judgements :-
MECHELEC ENGINEERS AND MANUFACTURERS VS. BASIC EQUIPMENT CORPORATION [REFERRED TO]RAJ DUGGAL VS. RAMESH KUMAR BANSAL [REFERRED TO]
KAMLESH KOHLI VS. ESCOTRAC FINANCE AND INVESTMENT LIMITED [REFERRED TO]
OIL AND NATURAL GAS COMMISSION VS. STATE BANK OF INDIA OVERSEAS BRANCH BOMBAY [REFERRED TO]
Cited Judgements :-
GOYAL MG GASES LTD VS. PREMIUM INTERNATIONAL FINANCE LTD [LAWS(DLH)-2006-7-113] [REFERRED TO]JAMMU AND KASHMIR BANK LTD VS. DIGVIJAY CEMENT [LAWS(DLH)-2008-7-249] [REFERRED TO]
NATIONAL SMALL INDUSTRIES CORP LTD VS. SHRISHTI AUTO ENGG P LTD [LAWS(DLH)-2010-9-52] [REFERRED TO]
VARUN GAUBA VS. PUNJAB & SIND BANK [LAWS(DLH)-2012-7-130] [REFERRED TO]
GIRISHBHAI BALDEVBHAI PATEL VS. NARODA NAGRIK CO-OP BANK LTD [LAWS(GJH)-2007-12-32] [REFERRED TO]
JASHODABEN ALIAS JAYSHREEBEN RAJESH JESRANI VS. SHITAL MARKETING [LAWS(GJH)-2009-3-212] [REFERRED TO]
RASILABEN SURESHBHAI SHAH VS. GIRISH SHAH [LAWS(GJH)-2009-3-256] [REFERRED TO]
GUJARAT ELECTRICITY BOARD VS. SHIV CORPORATION [LAWS(GJH)-2012-8-19] [REFERRED TO]
GUJARAT ELECTRICITY BOARD VS. ABICO [LAWS(GJH)-2012-8-20] [REFERRED TO]
DUNLOP INDIA LTD VS. MADHURA COATS LTD [LAWS(CAL)-2006-6-46] [REFERRED TO]
V K K NAIR VS. KANCHAN KAWAR [LAWS(MAD)-2005-1-4] [REFERRED TO]
PUSHPA D SOOD VS. BOBCARDS LTD [LAWS(BOM)-2005-1-61] [REFERRED TO]
NOY VALLESINA ENGINEERING SPA VS. JINDAL DRUGS LIMITED [LAWS(BOM)-2006-6-13] [REFERRED TO]
NEOLITE POLYMER INDUSTRIES PVT LTD VS. STANDARD CHARTERED BANK [LAWS(BOM)-2007-8-81] [REFERRED TO]
STATE OF U P VS. RAJKUMAR SHARMA [LAWS(SC)-2006-3-32] [REFERRED TO]
SMITA CONDUCTORS LTD VS. PRABHUDAS LILADHAR PVT LTD [LAWS(BOM)-2009-8-10] [REFERRED TO]
RAJESH LAXMICHAND UDESHI @ BHATIA VS. PRAVIN HIRALAL SHAH [LAWS(BOM)-2012-7-248] [REFERRED TO]
R PIYARILAL IMPORT & EXPORT LTD VS. SUSHIL KUMAR BAJAJ [LAWS(CAL)-2013-6-95] [REFERRED TO]
HUBTOWN LIMITED VS. IDBI TRUSTEESHIP SERVICE LIMITED [LAWS(BOM)-2016-10-61] [REFERRED TO]
IDBI TRUSTEESHIP SERVICES LTD. VS. HUBTOWN LTD. [LAWS(SC)-2016-11-16] [REFERRED TO]
NATIONAL SMALL INDUSTRIES CORPORATION LIMITED VS. SHRISHTI AUTO ENGINEERING PVT LTD [LAWS(DLH)-2009-12-430] [REFERRED]
MBL INFRASTRUCTURES LTD. VS. IRCON INTERNATIONAL LTD. [LAWS(CAL)-2016-12-72] [REFERRED TO]
SPICEJET LTD VS. ARUN KUMAR [LAWS(DLH)-2017-11-54] [REFERRED TO]
NILIMA SYNTHETICS PVT. LTD. VS. MANOJKUMAR AGRAWAL [LAWS(GJH)-2018-6-127] [REFERRED TO]
SQUAR COMMUNICATIONS PVT LTD VS. IGNOU UNIVERSITY & ORS [LAWS(DLH)-2018-9-406] [REFERRED TO]
SU-KAM POWER SYSTEMS LTD. VS. KUNWER SACHDEV [LAWS(DLH)-2019-10-54] [REFERRED TO]
CARGILL INDIA PVT LTD VS. DEEPAYAN MOHANTY [LAWS(DLH)-2019-12-37] [REFERRED TO]
JUDGEMENT
S. N. VARIAVA, J. -
(1.)Leave granted.
(2.)Heard parties.
(3.)Briefly stated the facts are as follows:
The 1st respondent is working as an agent for one M/s. Palm Oil Transportation Pvt. Ltd., C/o M/s. Samta Shipping Agency P. Ltd., Singapore for their vessel MV Hec Ann which arrived at Kandla port on 20th June, 1995. The said ship was carrying logs of timber consigned to various parties under the following documents:
"a) Bills of lading No. HA/9504/47 to 49 dated 30 -5 -95.
b) Invoice nos. VB 95003 dated 30 -5 -95 for US $ 10,566.43
It appears that the 2nd respondent sent to the 1st respondent a bond which, inter alia, provided as follows:
"The above goods were shipped on the above vessel by M/s. Matsui and Company (Hong Kong) Limited, Hong Kong 59 pieces (and consign to the order) but relevant bills of lading has not yet arrived.
We, hereby request you to deliver such goods to M/s. (Vasani Bros.) Bhavnagar in accordance with our request.
1. To indemify you and held harmless in respect of any liability loss or damage or whatsoever nature which you may sustain by reason of delivering the goods of M/s. Vasani Brothers, Bhavnagar in accordance with our request.
2. To pay you on demand the amount of any loss on which the master/ agent of the vessel or any other of your services or agents whatsoever may incur as a result of delivering the goods aforesaid.
6. To produce and deliver to you the bills of lading for the above goods duly endorsed as such as documents shall have arrived.
On the said bond, the following notation appears with the stamp of the appellant bank and the signature of their manager:
"We, the undersigned hereby join in the above indemnity and jointly and severally guarantee due performance of the above contract and accept all the formalities expressed therein. Sd/ - Stamp and signature of bank."
(2.)Heard parties.
(3.)Briefly stated the facts are as follows:
The 1st respondent is working as an agent for one M/s. Palm Oil Transportation Pvt. Ltd., C/o M/s. Samta Shipping Agency P. Ltd., Singapore for their vessel MV Hec Ann which arrived at Kandla port on 20th June, 1995. The said ship was carrying logs of timber consigned to various parties under the following documents:
"a) Bills of lading No. HA/9504/47 to 49 dated 30 -5 -95.
b) Invoice nos. VB 95003 dated 30 -5 -95 for US $ 10,566.43
It appears that the 2nd respondent sent to the 1st respondent a bond which, inter alia, provided as follows:
"The above goods were shipped on the above vessel by M/s. Matsui and Company (Hong Kong) Limited, Hong Kong 59 pieces (and consign to the order) but relevant bills of lading has not yet arrived.
We, hereby request you to deliver such goods to M/s. (Vasani Bros.) Bhavnagar in accordance with our request.
1. To indemify you and held harmless in respect of any liability loss or damage or whatsoever nature which you may sustain by reason of delivering the goods of M/s. Vasani Brothers, Bhavnagar in accordance with our request.
2. To pay you on demand the amount of any loss on which the master/ agent of the vessel or any other of your services or agents whatsoever may incur as a result of delivering the goods aforesaid.
6. To produce and deliver to you the bills of lading for the above goods duly endorsed as such as documents shall have arrived.
On the said bond, the following notation appears with the stamp of the appellant bank and the signature of their manager:
"We, the undersigned hereby join in the above indemnity and jointly and severally guarantee due performance of the above contract and accept all the formalities expressed therein. Sd/ - Stamp and signature of bank."
Copyright © Regent Computronics Pvt.Ltd.