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2020 (12) TMI 923 - BOMBAY HIGH COURTMandatory injunction seeking release of bills of lading illegally withheld by the defendants - Section 13(1-A) of the Commercial Courts Act, 2015 read with Order 43 Rule 1 (2) of the Code of Civil Procedure, 1908 - Right to retain shipment - Defendant are freight services agents - HELD THAT:- Upon reading the text messages of 1st, 2nd and 3rd June together, it is to be observed that after receiving ₹ 4,35,000/-, defendants made, the release of consignment, conditional and exercised “right to retain goods” under Section 171 of the Indian Contract Act, 1872. However, messages of 3rd June, 2020 show that the defendants had not exercised a ‘particular liens but ‘general liens. If read carefully, 3rd June message, does not suggest, goods were retained for not making payment of sea freight for second consignment. In fact, evidence and the circumstances emerging and flowing were indicative of the fact that ₹ 4,35,000/- were paid towards freight charges of second consignment and not against dues, however, in breach of assurance/promise, defendants, adjusted it against dues and declined to release bills. The question nos.15 (i., (ii. and (iii. are answered accordingly, in negative. Whether defendants were entitled to exercise lien under Section 171 of the Indian Contract Act, 1872? - HELD THAT:- It may be stated that defendants were not entitled to exercise general lien being not banker, factors, wharfingers, attorneys and also broker - In the case in hand, pleadings of either party do not suggest that bailee was empowered to exercise the general lien envisaged under Section 171 of the Indian Contract Act, 1872 - Goods cargo in the second shipment is a paper, a perishable product, which may loose its utility if kept for long period. Even otherwise, plaintiffs have paid sea freight for second consignment. Therefore, it is just and proper to direct defendants to release bills of lading immediately. In fact, it appears, that since second consignment has not been released within reasonable time, plaintiffs vendees have cancelled the orders. Therefore, the balance of convenience also tilts in favour of the plaintiffs. Appeal allowed - decided in favor of appellant.
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