- (1.) G.A. No. 4155 of 2008 is the plaintiffs application for the appointment of a Receiver over approximately 75 MT of palm oil which is a part of the subject-matter of the suit. G.A. No. 284 of 2009 is the plaintiffs second application seeking payment of the amount deposited by the defendant in connection with the 75 MT of palm oil. G.A. No. 217 of 2009 is the defendant's application for revocation of leave granted under Clause 12 of the Letters Patent with alternate prayers for dismissal of the suit or rejection of the plaint. G.A. No. 453 of 2009 is the application of a third party for being impleaded or being permitted to intervene in the proceedings.
(2.) The claim in the suit is that the plaintiff entered into a high seas sale for purchase of 1000 MT of palm oil from the applicant in G.A. No. 453 of 2009, which is said to be a sister concern of the plaintiff. The plaint says that the plaintiff subsequently entered into another high seas sale with the defendant for sale of 500 MT of the palm oil. According to the plaint, the defendant did not make any payment for the goods but obtained copies of the documents and received delivery thereof by making payment of the customs and port charges. The plaint speaks of the defendant having taken delivery of about 425 MT of palm oil and the balance about 75 MT being held at or about the port premises in Kandla.
(3.) At paragraph 2 of the plaint, it has been stated that the plaintiff entered into the agreement for sale of 500 MT of palm oil in favour of the defendant from the plaintiffs registered office within jurisdiction. At paragraph 3, it has been pleaded that the documents in respect of the 1000 MT of palm oil were received by the plaintiff at its registered office within jurisdiction. Thereafter, paragraph 4 of the plaint reads as follows: "4. There has been no negotiable set of documents made over to the plaintiff. The property in the goods has not passed in favour of the plaintiff. However, on faith and trust, the plaintiff issued delivery order in respect of the entire lot of 500 MT of the said goods. A copy of the delivery order is annexed hereto and marked with the letter "C". The delivery order was issued from the office of the plaintiff at 24A, Shakespeare Sarani, Kolkata-700 017, within the jurisdiction aforesaid." (Emphasis supplied);