STATE BANK OF SAURASHTRA Vs. ASHIT SHIPPING SERVICES PRIVATE LIMITED
SUPREME COURT OF INDIA (FROM: GUJARAT)
STATE BANK OF SAURASHTRA
M/S. Ashit Shipping Services (P) Ltd. And Anr.
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S. N. VARIAVA, J. -
(3.)Briefly stated the facts are as follows:
The 1st respondent is working as an agent for one M/s. Palm Oil Transportation Pvt. Ltd., C/o M/s. Samta Shipping Agency P. Ltd., Singapore for their vessel MV Hec Ann which arrived at Kandla port on 20th June, 1995. The said ship was carrying logs of timber consigned to various parties under the following documents:
"a) Bills of lading No. HA/9504/47 to 49 dated 30 -5 -95.
b) Invoice nos. VB 95003 dated 30 -5 -95 for US $ 10,566.43
It appears that the 2nd respondent sent to the 1st respondent a bond which, inter alia, provided as follows:
"The above goods were shipped on the above vessel by M/s. Matsui and Company (Hong Kong) Limited, Hong Kong 59 pieces (and consign to the order) but relevant bills of lading has not yet arrived.
We, hereby request you to deliver such goods to M/s. (Vasani Bros.) Bhavnagar in accordance with our request.
1. To indemify you and held harmless in respect of any liability loss or damage or whatsoever nature which you may sustain by reason of delivering the goods of M/s. Vasani Brothers, Bhavnagar in accordance with our request.
2. To pay you on demand the amount of any loss on which the master/ agent of the vessel or any other of your services or agents whatsoever may incur as a result of delivering the goods aforesaid.
6. To produce and deliver to you the bills of lading for the above goods duly endorsed as such as documents shall have arrived.
On the said bond, the following notation appears with the stamp of the appellant bank and the signature of their manager:
"We, the undersigned hereby join in the above indemnity and jointly and severally guarantee due performance of the above contract and accept all the formalities expressed therein. Sd/ - Stamp and signature of bank."
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