NEW CENTRAL JUTE MILLS CO LTD Vs. VEB DEUTFRACHT SEEREEDEREI ROSTOCK
HIGH COURT OF CALCUTTA
NEW CENTRAL JUTE MILLS CO. LTD.
VEB DEUTFRACHT SEEREEDEREI ROSTOCK
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Sabyasachi Mukharji, J. -
(1.) This is an appeal from the judgment delivered and order passed by the learned trial Judge on 3rd of Feb., 1982. It appears that the plaintiff is the consignee of certain goods covered by the Bill of Lading. It would be necessary to appreciate the questions in this case, to refer to certain facts.
(2.) On or about 20th of June, 1979 the plaintiff who is the appellant here duly purchased divers spare parts and accessories for the M. G, Compressor at its ammonia plant from one Neuman & Esser, Federal Republic of Germany. It is not necessary to set out the details of the goods. It is further the case of the appellant that it duly paid the said purchase price of the said goods and became the owner thereof and the property therein according to the appellant duly passed to the appellant. It is also not necessary to set out the details of the price of the goods.
(3.) In the suit the plaintiff has come up in appeal 'making the first defendant viz. VEB Deutfracht Seereederei Rostock (DSR LINES), a company indicated as incorporated under the appropriate laws -of West Germany and carrying on business at a certain address in West Germany and also in India at an address in Calcutta. The second defendant viz. The Oceanic Shipping Co. Pvt. Ltd. is the shipping company and the third defendant which is the National Insurants Company Ltd. has also been made a party. There is a mistake as the defendant No. 1 Company has been described as a company incorporated under the appropriate laws of West Germany. It appears that it is not a company of West Germany and there for the word 'West Germany' is obviously wrong. It has been urged that the appellant as we as the respondent No. 1 contend that both parties were under the impression that the respondent No. 1 was a company incorporated in West Germany and not in East Germany which appears to be the position.;
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