Schenker India Pvt Ltd vs SKAPS Industries India Private Limited

Judgment text excerpt

Neeta Sawant COMAPL-11922-2025-FC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL APPEAL (L) NO. 11922 OF 2025 IN INTERIM APPLICATION (L.) No. 10415 OF 2024 IN COMMERCIAL SUIT (L.) NO. 8875 OF 2024 Schenker India Pvt. Ltd. ….Appellant (Original Plaintiff) : Versus : SKAPS Industries Pvt. Ltd. ….Respondent (Original Respondent) Mr. Virag Tulzapurkar, Senior Advocate with Ms. Naira Jeejebhoy, Mr. Mohit Goel, Mr. Siddhant Goel, Ms. Aishna Jain, Ms. Karmanya Dev Sharma, Mr. Ishaan Pratap Singh, Ms. Meghana Rao, and Ms. Mahek Saudagar i/by. Mr. Yash J. Jariwala, for the Appellant. Mr. Ashish Kamat, Senior Advocate, with Ms. Simantini Mohite, Mr. Abhinav Mathur, Mr. Lokesh Pavaskar and Ms. Priyanka C. i/by. Chir Amrit Legal LLP, for the Respondents. CORAM : ALOK ARADHE, CJ. & SANDEEP V. MARNE, J. Reserved On : 25 July 2025. Pronounced On : 1 August 2025. Page No.1 of 29 1 August 2025 Neeta Sawant COMAPL-11922-2025-FC JUDGMENT :- (Per Sandeep V. Marne, J.) 1) This Appeal is filed under the provisions of Section 13 (1-A) of the Commercial Courts Act, 2015 challenging the order dated 26 March 2025 passed in Interim Application (L.) No. 10415/2024 filed in Commercial Suit (L.) No. 8875/2024. By the impugned order, the learned Single Judge of this Court has rejected the prayer of the Appellant/Plaintiff for temporary injunction to restrain the Defendant from exporting cargo through freight forwarders (carriers) other than the Plaintiff and from breaching the terms of or acting contrary to the Transportation Services Agreement dated 5 January 2022. The Appellant had also sought a direction against the Defendant to secure the amount of Compensatory Freight Charges (CFC) claimed in the suit. Since the application for temporary injunction file