- (1.) This appeal is preferred by the second defendant in the suit.
(2.) The appellant-defendant is a steamer agent of the vessel S.S.President Madison. The vessel was owned by a foreign company by the name American President Lines Ltd. One M/s Metal Fabs India Pvt. Ltd. (First Defendant) was a consignee of seven cartons of ball bearings which landed in the Port of Bombay on 5.2.1972 being carried by a vessel S.S. President Madison. The goods remained uncleared for a period of over two months from the date of landing. The Port Trust of Bombay (plaintiff) by a letter dated 10.10.1974 addressed to the appellant requested to furnish the name and address of the consignee. As no reply was received from the appellant, by a further letter dated 12.10.1974, the plaintiff (respondent herein) served a notice of sale upon the appellant with a request to issue the same to the ultimate consignee by R.P.A.D. As no action was taken, the respondent by its notice dated 11.5.1975 informed the appellant that the goods were lying uncleared in the warehouse and if the same were not cleared within 10 days on payment of charges thereof, the same would be sold in auction. As no action was forthcoming from the appellant despite notice and correspondences, as stated above, the plaintiff/respondent sold the goods in a public auction on 2.9.1976 and realized an amount of Rs.62,000/- as sale proceeds. The plaintiff found that after deduction of the due amount such as port charges, custom duty etc. an amount of Rs.4752/- was still due and payable to them.
(3.) The plaintiff filed R.C.S.No.2212/2911 of 1979 in the Court of Small Causes at Bombay for recovery of the aforesaid amount of Rs.4752/-.;