BRITISH INDIAN CORPORATION LIMITED Vs. RASHTRACO FREIGHT CARRIERS
LAWS(SC)-1996-5-107
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on May 07,1996

British Indian Corporation Limited Appellant
VERSUS
Rashtraco Freight Carriers Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) We have heard learned counsel on both sides.
(3.) The appellant had entrusted to the respondent 147 bales of raw wool worth Rs. 51.48 lakhs as carriers for transportation to Cawnpore Woollen Mills. In spite of taking delivery thereof, the respondent had detained the goods in his custody, laid the suit OS No. 612 of 1994 in the civil court at Kanpur for a permanent injunction restraining the appellant from taking forcible possession of the goods with the allegation that a sum of Rs. 13,48,817.13 was due from the appellant towards arrears of transportation charges. The interim injunction sought for was initially granted but later on vacated. Ultimately, in appeal, the High court directed the appellant to give bank guarantee to the tune of the amount purported to be due as pleaded for in the suit. We are informed that the bank guarantee has accordingly been given. The appellant entrusted taking of delivery of the possession of the goods to the carriers-respondent who laid the suit on 1/7/19944 and interim mandatory injunction was sought for and was granted.;


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