I.P. Mukerji, J. - (1.) German Express Shipping Appeal:- One of the latest developments in the international transportation of goods was by the introduction of multi modal transport. By this mode, cargo is often transported from door to door.
(2.) Every one of us has seen very large and heavy steel containers, rectangular in shape, made of solid steel and of considerable volume mounted on trailers, being carried from the port to an establishment and from an establishment to the port. The journey does not end here. These containers are loaded in large cargo ships, to be unloaded in a port in another country. The cargo carried in these containers may be unloaded in that foreign port to be taken delivery of by the consignee or notified party. Very often these containers make another journey from the port to the establishment of the foreign consignee or notified party and unloaded there. Thereafter, the containers are returned to their owner. Usually, these containers are owned by an entity which is different from the ship owner, the shipper or consignor and the consignee/notified party. The contract of the container owner may be with the shipper/consigner or with the consignee/notified party depending on the terms and conditions of carriage.
(3.) The respondent company (hereinafter referred to as "the respondent") is the agent of a well-known organization in the shipping trade "Hapag Lloyd Pte. Ltd.", in Kolkata and Haldia. The principal of the respondent is the owner of two "marine" containers. Their numbers are HLXU2328520 and HLXU3006745.;