- (1.) The facts of this case are simple. The defendant applicant M/s. Central Warehousing Corporation is a Government of India Undertaking, which provides transport services to parties exporting their goods. It appears that the applicants had entered into a contract with M/s. Bhola Nath Industry, Varanasi for transporting their woollen yarn through the container services of the applicants to Bombay. The applicants engaged M/s. Vijai Trading and Transporting Company, the first defendant whose proprietor, D. S. Mishra is the second defendant for carrying the goods in the container. M/s. Vijai Training and Transport Company in turn had taken the services of the plaintiff Prabhu Narain Singh, proprietor of M/s. O.D.C. Roadways for transporting these goods.
(2.) A dispute about the payment of hire charges arose between the plaintiff and M/s. Vijai Training and Transport Company. The plaintiff Prabhu Narain Singh who is the opposite party No. 1 in this revision filed a suit for injunction against the defendant Nos. 1 and 2 "directing them not to get the possession of the container unless the dues of the plaintiff are cleared". No relief in the suit is claimed against M/s. Central Warehousing Corporation.
(3.) In paragraph No. 8 of the plaint it is stated that there is no privity of contract between the plaintiff and defendant Nos. 3 and 4 but they have been impleaded as parties as proforma defendants for effectual adjudication of the dispute.;