J.V.Gokal vs FREIGHT AFRICA-BVBA

THIS application has been moved by the opposite party No. 2, inter alia claiming relief that opposite party 2 be dropped out and their name to be deleted from the complaint. THIS application was moved under the provisions of Section 213 of the Indian Contract Act.

ALTHOUGH the complainant, who has been served, there is no reply filed. We have perused the application and heard the learned Advocates for the parties.

It is noticed that opposite party 2 has been impleaded as Shipping Agent in this complaint, which is apparent from the description as appeared in the cause title of the complaint. Furthermore, in para 2 of the complaint, there is an averment made supporting the description in the cause title.

THE learned Advocate for the applicant/opposite party 2 has relied upon the decisions of the Supreme Court in the case of Marine Container Services South v. Go Go Garments, reported in (1998) 3 Supreme Court Cases 247 and judgment dated 30.7.1999 delivered by the Hon''ble High Court in the case of Midland Overseas v. m.v. ''CMBT Tana'' & Ors., Notice of Motion No. 2241 of 1999 in Suit No. 115 of 1996, which has directly relevance in the relief claimed by the applicant/opposite party 2 in the application herein. It clearly emerges that the applicant/opposite party 2 are the Indian Agents for a disclosed principals, viz. Safmarine and CMBT Lines n.v. and that they have no privity whatsoever to opposite party 1 in this complaint.

MR. Ramdas, Advocate for the complainant submitted that there is no provision in the Consumer Protection Act of 1986 to entertain interim application as presented by opposite party 2 and, therefore, the said application should not to be entertained at this stage. He submits that issue be differed at the final hearing of the complaint. Such submission of the learned Counsel for the complainant cannot be accepted on the teeth of judgment of the Supreme Court referred to earlier. The applicant/opposite party 2 stands on the same position as is the case before the Hon''ble Supreme Court. The Hon''ble Supreme Court in the said judgment, it is held that the provisions of Contract Act including Section 230 are applicable to the proceedings filed under the Consumer Protection Act. Taking into consideration these facts, we are of the view that the relief claimed in the application has to be granted. Accordingly, the following order is passed : Order The name of opposite party 2, viz. CMB Transport Agencies India stands deleted.

THE complainant to make suitable amendment accordingly including the consequential amendment in the complaint. Such amendments to be carried out within 4 weeks from today.

WITH this, this application can be disposed of. No order as to costs. Application disposed of.