2017 (12) TMI 1778

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..... and transportation of Metro Rails which are manufactured by EVRAZ East Metals AG (hereinafter referred to as East Metals AG). East Metals AG has contracted to supply 10,000 MT of the said Metro Rails in question to Maharashtra Metro Rail Corporation Limited (for short MAHA METRO) and undertaken to deliver the same from Russia to the final destination at Nagpur Metro Rails Corporation site. 2. The Plaintiff (LSI in suit no 842 of 2017) was appointed by East Metals AG to ship the rails from Russia and deliver the same to MAHA METRO at Nagpur. 3. The Plaintiff (LSI in suit no 842 of 2017), in turn, entrusted the transport of the metro rails (from Mumbai to Nagpur) to the Defendants (RRC - Plaintiff in Comm Suit No. (L) 718 of 2017) under th .....

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..... meantime, due to the disputes in the above two suits continuing without any orders regarding release and delivery of the said rails presently lying with the Defendant RRC, the same would not be delivered to MAHA METRO which would result in delay of the project of national importance. MAHA METRO also submits that the target for delivery of rails was 3rd December, 2017 which is already delayed due to infighting between the LSI and RRC. Any further delay will lead to consequences which would be seriously viewed by Government of Maharashtra and Government of India. It is therefore necessary that the rails be made available to MAHA METRO at the earliest. 9. Since interim orders will be passed after hearing the parties, during the interregnum, .....

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..... the above rails are being taken delivery of, over a period of time, the Defendant RRC would be entitled to recover from the Plaintiff LSI an amount of Rs. 15000 per day (Monday to Saturday), as the cost of storage of the above metro rails from today onwards. The Defendant states that warehouse will be open and accessible between 9 AM to 6 PM on each day. d. Defendant RRC undertakes to cooperate in handing over delivery of the rails to Plaintiff LSI. e. Plaintiff LSI will comply with all applicable provisions of law for such transportation of the above metro rails. Plaintiff LSI will use all reasonable steps to ensure no damage is caused to the warehouse premises of RRC. In the event there is any damage caused or mishap the LSI will ind .....

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