I.P. Mukerji, J. - (1.) Chakiat Agencies Pvt. Ltd. carries on the business of a freight forwarder. The writ petitioner is the agent of Pacific International Lines (Pte) Ltd. Singapore, which carries on the business of carrying cargo by sea for reward. Chakiat booked a consignment of cargo on behalf of the respondent company Krishna Agrotech Limited with the petitioner to be carried by the latter's vessel Kota Tampen on its voyage number TPN 602 from the port of Kolkata to Mombasa in Kenya. The cargo consisted of 1632 cartons of biscuits packed in a container. The net weight of the biscuits and the container was 12240 kilos. On 10th September, 2014 a bill of lading was issued by the petitioner. According to this document the consignor was the respondent company. The consignee and notified party was East African Supplies and Logistics Ltd, Uganga. On 11th September, 2014 the petitioner received an e-mail from the freight forwarder to hold the cargo at Singapore port. The petitioner received no reply to their query as to the number of days for which they were to hold the cargo at Singapore. On 16th September, 2014 the vessel reached Singapore port. In the absence of any clarification from the freight forwarder, on 18th September, 2014 the vessel with the cargo left Singapore port for Mombasa to complete the rest of its journey.
(2.) On 10th October, 2014 the vessel arrived in Mombasa.
(3.) It appears that upto the point the vessel reached the port of Mombasa and even thereafter there was no real dispute between the parties. The respondent company through their freight forwarding agent instructed the ship owner that the goods should be re-routed to Free Town, Sierra Leone for delivery. The email of the respondent to Chakiat dated 11th October, 2014 (annexure-C page 20 of the affidavit-in-opposition) clearly shows that they were agreeable to bear all charges for this re-export. On 9th November, 2014 the respondent company paid the vessel owner a sum of Rs. 7.2 lakhs for re-routing the goods. The respondent says that they made it a condition that the goods must reach Sierra Leone by 20th December, 2014. This re-shipment was never made.;