Authority: High Court of Judicature at Madras

Order Date: 5 November 2026

Case Overview

  • Petitioners: Mac Nels Container Lines Private Limited (plaintiff).
  • Respondents: Evergreen Shipping Agency India Private Limited (first defendant), Evergreen Marine Corp (Taiwan) Limited (second defendant), Evergreen Shipping Agency (Europe) GMBH France (third defendant), and Blue Rock Minerals (fourth respondent).
  • The suit filed in the Commercial Court, Egmore, Chennai sought recovery of Rs 31,69,480.49 plus interest and costs for unpaid freight and handling charges related to consignments of the second defendant shipped from Chennai to Le Havre, France under Bill of Lading Ex.A3 dated 15‑03‑2018.
  • The Commercial Court decreed Rs 22,55,854.49 payable by defendants jointly and severally, with interest at 12% per annum and costs.
  • The first defendant appealed, raising issues of mis‑joinder, non‑joinder of the French consignee, lack of jurisdiction of the Chennai Commercial Court, and limitation defence (cause of action allegedly arose on 13‑06‑2018, suit filed 14‑06‑2021).

Final Outcome

  • The High Court dismissed the appeal, holding that:

1. No mis‑joinder of parties existed; the Bill of Lading created privity only between plaintiff and first defendant, and the powers of attorney of the other Evergreen entities were valid.

2. The French consignee was not a necessary party, as no contract existed with it and no relief was claimed against it.

3. The Commercial Court, Chennai had jurisdiction because the receipt, loading, and contract formation occurred in Chennai and communications were exchanged there.

4. The first defendant is jointly and severally liable with the second defendant for the unpaid charges; the second defendant did not file a statement.

5. The suit was within the three‑year limitation period; the last invoice (Ex.A9) dated 06‑12‑2018, and the suit filed on 14‑06‑2021, falls within the limitation.

  • Consequently, the original decree awarding Rs 22,55,854.49 plus interest and costs stands, and each party bears its own costs. The appeal is dismissed.

Topics: Shipping Contract Dispute, Judicial Review