BRAKES INDIA LTD Vs. BIC LOGISTICS LTD

JUDGEMENT

(1.) This is a suit filed by the plaintiffs as against the defendant for recovery of a sum of Rs. 10,78,094.00 together with interest at the rate of 18% p.a. (being the commercial transaction) from the date of plaint till the date of realisation and for costs.

(2.) The facts giving rise to the filing of this suit as stood exposited from the plaint would run thus:

(3.) Denying and refuting, challenging and impugning, the averments/allegations in the plaint, the defendant filed the written statement, the gist and kernel of it would run thus: 1. This Court is having no territorial jurisdiction to entertain this suit as the entrustment of the goods by p1 with the defendant took place outside Chennai. 2. The suit also is barred by limitation in view of Article 72 of the Limitation Act, which contemplates only a year's time to file a suit; whereas the suit has been filed beyond time. 3. The defendant, being a public carrier, is not liable to pay any compensation/damages due to Act of God or Act of Enemies of State.