Joymalya Bagchi, J. - (1.) APO No. 293 of 2014 and CC No. 16 of 2014 have been heard analogously and are being disposed of by a common judgment and order.
(2.) THE genesis of the case, in summary, is as follows: The respondent No. 1, Sarat Chatterjee & Co. (VSP) Pvt. Ltd. [in short R -1 (Sarat)] operates as a handling -cum -clearing agent for and on behalf of Concast group of companies, comprising of the appellant and respondent No. 4 herein, for importation of cargo by the said group of companies at Visakhapatnam Port. In March, 2012, R -1 (Sarat) was intimated by the Concast group of companies that a huge consignment of metallurgical coke was arriving at Visakhapatnam Port in vessel M.V. Filia Joy under six bills of lading and was called upon to clear the consignment on its behalf. Respondent No. 2, LMJ International Limited [in short R -2 (LMJ)], an export house, also claimed that they had title over 10000 MT of the aforesaid consignment of metallurgical coke transported by the said vessel on the basis of two bills of lading, namely, bills of lading Nos. 1 and 2, which were claimed to be in its possession. On 23rd March, 2012 a tripartite agreement was entered into by and between the respondent No. 2 (LMJ) and respondent No. 3, Balaji Coke Industries Pvt. Ltd. [in short R -3 (Balaji)], from whom appellant claimed to have purchased the coke, relating to clearing and delivery of 10000 MT coke to R -2 (LMJ) out of the aforesaid consignment.
(3.) UNDER such circumstances, R -1 (Sarat) discharged the cargo from M.V. Filia Joy comprising of 29,380.551 MT of metallurgical coke and stored the said cargo at Customs Bonded Warehouse being R -5, R -1 (Sarat) intimated R -2 (LMJ) that its request to keep separate stock of 10000 MT of coke over which it was making claim was not possible. Copy of such e -mail was also forwarded to the representative of the Concast group of companies. R -1 (Sarat) was intimated by R -2 (LMJ) and R -3 (Balaji) not to clear 10000 MT of coke in favour of the Concast group of companies.;