SEAL INTERNATIONAL LIMITED vs THE BOARD OF TRUSTEES OF THE PORT OF BOMBAY

Judgment text excerpt

902-FA-1757-2013-(J).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1757 OF 2013 Seal International Limited, incorporated under the laws of U.K., having its registered office at Ladywell Mills, Hall Lane, Bradford, West Yorkshire BD47DF, England, U.K. … Appellant (Orig. plaintiff) Versus The Board of Trustees of the Port of Bombay, a statutory Corporation constituted under the provisions of the Major Port Trust Act, 1963 (38 of 1963) as amended by Act 29 of 1974, having its principal place of business at Vijay Deep, Shoorji Vallabhdas Marg, Bombay 400038. ...Respondent (Orig. defendant) ***** Mr. Cyrus Bharucha, Solicitor Krunal Gadhia, Mr. Jainuddin Khan, Mr. Hisham Abdus Salam, Ms. Maitreyi Kulkarni, Ms. Neha Dhuru i/b Gagrats, Advocates for the Appellant. Mr. Dhruva Gandhi a/w Ms. Kajal Gupta a/w Ms. Shweta Singh i/b M. V. Kini & Co., Advocates for the Respondent. ***** CORAM : JITENDRA JAIN, J. DATED : 9th FEBRUARY 2026 JUDGMENT:- 1. This appeal challenges an order dated 26th July, 2013 passed by the Bombay City Civil Court whereby suit filed for money claim by the original plaintiff / appellant came to be dismissed on the ground that the original plaintiff has not proved its ownership of the goods which 1 Sharada (This order is corrected as per order dated 11th February, 2026) 902-FA-1757-2013-(J).doc were sold by auction by the original defendant. The parties are addressed in the present judgment as per their original status in the suit. BRIEF FACTS: 2. It is the case of the original plaintiff, U.K. based company, that in late 1993 / early 1994 goods were sold by them to M/s. Kansale Hosiery Exports, Ludhiana under the trade name “M/s. Blackwell Enterprises”. Since Kansale Hosiery Exports gave up its claim to the goods,