PRAG OIL MILLS DEPOT Vs. TRANSPORT CORPORATION OF INDIA
LAWS(ORI)-1978-2-4
HIGH COURT OF ORISSA
Decided on February 20,1978

PRAG OIL MILLS DEPOT Appellant
VERSUS
TRANSPORT CORPORATION OF INDIA Respondents

JUDGEMENT

- (1.) The plaintiff has preferred this appeal.
(2.) The plaintiff is a registered partnership firm carrying on business at Cuttack with its head office at Aligarh. Defendant No. 1 is a common carrier who carries on business of transporting goods on hire or on payment of freight. Defendant No. 2 is the Cuttack branch of defendant No. 1. One M/s. Jethmal Ramkumar of Ranchi despatched 14 cases of washing soap through the defendants under receipt No. 9967 dated 27-5-71 for delivery of the same to the plaintiff at Cuttack. The plaintiff paid Rs. 93.30, the freight for transporting the said washing soap, to defendant No. 2 under money receipt No. 44621 on 11-6-71. Soon thereafter the plaintiff's man went to the godown of defendant No. 2 to take delivery of the said consignment. The facts stated so far are not disputed.
(3.) The plaintiff's case in short is that in the defendant's godown the plaintiff's man found some of the packing cases in completely broken condition and a substantial portion of the contents therein had been pilfered or removed. So he insisted on the defendants' employees for open delivery of the said goods and to grant a shortage certificate as per the actual delivery. But as the defendants' men refused to grant any shortage certificate, the plaintiff's man had to come back without taking delivery of the said goods. Thereafter the plaintiff itself or its lawyer sent registered letters to the defendants' firm at Cuttack asking the latter to give open delivery of the said goods and to pay damages for the actual shortage, but defendant No. 2 instead of giving open delivery of the articles to the plaintiff, gave evasive replies and directed the latter to take delivery of the goods as they were on payment of demurrage, wharfage and other charges and to contact the different offices of the defendants at different places. As the defendants did not deliver the goods to the plaintiff by taking evasive pleas, the plaintiff was obliged to file the present suit.;


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