COMMISSIONERS FOR THE PORT OF CALCUTTA Vs. UNION OF INDIA
LAWS(CAL)-1970-6-19
HIGH COURT OF CALCUTTA
Decided on June 19,1970

COMMISSIONERS FOR THE PORT OF CALCUTTA Appellant
VERSUS
UNION OF INDIA THROUGH THE GENERAL MANAGER SOUTH EASTERN RAILWAY Respondents

JUDGEMENT

- (1.) THIS appeal is by the Commissioners for the Port of Calcutta, the plaintiff against a decree dismissing their suit filed for recovery of compensation for non-delivery and for wrongful conversion of certain goods consigned to them from Bombay.
(2.) THE plaintiff's case briefly is that they purchased 19 bales of woolen serge from the Indian Woollen Mills, Bombay and the bales contained 4170 yards of serge. Those bales were delivered by the Mills at Wadi Bunder Station on the then G. I. P. Railway on March 5, 1951 to be delivered to the consignee who is the controller of stores of the plaintiffs at Kidderpore Docks. Thereafter, on May 7, 1951, only 13 bales were received by the consignee and on June 25, 1951 further one bale was received but the remaining five bales remained undelivered. This gave rise to certain correspondence between the plaintiffs and the railway authorities in course of which the Claims superintendent gave the plaintiffs assurance that the mailer was being inquired into and also suggested that the goods might have been lost in transit owing to miming theft. Finally, however, by a letter dated January 28, 1953 the Chief Commercial Superintendent informed the plaintiffs that the aforesaid consignment was lest and that was due to running train theft between Andul and Shalimar stations under the circumstances beyond their control. It was however assorted by the plaintiffs that the loss caused was due to negligence and misconduct and wrongful conversion on the part of the railway administration and its staff.
(3.) ACCORDINGLY, the plaintiff served a notice under sec. 77 of the Railways Act and also a notice under section 80 of the Code of Civil Procedure claiming a compensation for Rs. 14,013/5/ -.;


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