9911796707
TMI Blog2013 (8) TMI 541X X X X Extracts X X X X X X X X Extracts X X X X ..... th notified party Mirae Metals Company Limited. The shipper was either Asia Metals and Commodities Pte Limited, Singapore or M/s. Al Mustaqbal Metals FZC, UAE or M/s. American Metal Management Inc., NJ. Said containers were discharged at Busan, Korea on 29.07.2009 onwards. Said goods were stored at Hutchinson's Container Terminal, Busan, Korea from July 2009. Despite various request by the petitioner the importers namely Mirae Metals Co. Limited did not take delivery. It is contended by petitioner that on 01.01.2009 it received a letter from respondent company intimating the petitioner that respondent had entered into back to back contracts for Merchandising Trade with one M/s. Future Metals Private Limited (FMPL) and M/s. Future Exim (India) Private Limited (FEIPL) for facilitating the purchase/sale of metal scrap where the price, quantity, quality and other purchase/sale terms were negotiated and concluded by FMPL/FEIPL at their risk and cost. It was also stated that respondent company was only facilitator for the merchandising Trade and as such it had established a Letter of credit in favour of seller of metal scrap. It is further contended that respondent company had entered in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... overseas sellers and overseas sellers having received the amount from the LC opening banks concerned, respondent company had claimed to be the owner of the cargo since it is holding original set of Bill of lading duly endorsed in its favour as a buyer as well as other shipment documents and hence it is stated to have brought to the notice of petitioner that no person including FMPL/FEIPL sellers, overseas buyers who may make attempts to make false claim on the cargo and as such it is stated that the respondent company requested petitioner company not to deal with them. It is also contended that respondent was informed that petitioner is making arrangements to dispose of the cargo held by it either rebooking the same to the other country or on ex-Busan Port basis and requested the petitioner company to inform the arrangements required to be made. Sri. Prakash has also brought to the notice of this court about e-mail generated from respondent company addressed to the petitioner whereunder respondent company has stated that on receiving information regarding demurrage charges, storage charges and other charges for non-clearance of 198 containers held by it, Respondent company would ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled its statement of objections and has contended that respondent has not entered into any contract with the petitioner for shipment of goods but on the other hand it had entered into tripartite contracts as a part of third country trading with overseas sellers namely Asia Metals and Commodities Pte Limited, Singapore or M/s. Al Mustaqbal Metals FZC, UAE or M/s. American Metal Management Inc., NJ. along with FMPL/FEIPL for purchase of nickel and copper scrap for which respondent had established letter of credit. It is also contended that all these contracts were entered into on C & F basis and hence the responsibility of establishing contracts with shipping liners, payment of demurrage does not arise. It is contended that respondent company had entered into back to back contracts for merchandising trade with FMPL/FEIPL for facilitating purchase/sale of metal scrap where the price, quantity and other purchase/sale terms were negotiated and respondent company is only facilitator for merchandising the trade. Amongst other contentions it is stated by the respondent that overseas buyers with whom respondent entered into tripartite contracts along with FMPL/FEIPL for sale of cargo have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s said goods came to be either shipped by Asia Metals and Commodities Pvt. Ltd. Singapore or Al Mustaqbal Metals or American Metal Management Inc., referred herein supra. Under said shipment 52 Bills of Lading which was required to be delivered to M/s. Mirae Metals Co. Ltd. at Hutchinson's Container Terminal, at Busan, Korea. Undisputedly, said buyer namely M/s. Mirae Metals Co. Ltd., to whom goods were shipped, did not take delivery of same in spite of various requests by petitioner company. 9. Merely because respondent-company entered into back to back contracts for Merchandising Trade with FMPL and FEIPL for facilitating purchase or sale of metal scrap by establishing a Letter of Credit in favour of sellers of metal scrap and pursuant to the same respondent had paid the amounts to its sellers by entering into such tripartite agreement itself would be a pointer to the fact that there was no privity of contract between petitioner and respondent. Merely because respondent has claimed the ownership of cargo on the strength of letters of credit established by it in favour of overseas sellers based on such tripartite agreement cannot by itself establish a contract between the petitio ..... 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