- (1.) Leave granted.
(2.) This appeal arises out of a suit for recovery of damages filed by the respondent. The appellant was operating the business of transportation of goods. The respondent contracted with the appellant for transportation of cement from the factory of a. C. C. Ltd. , Shahabad to its godown ambika Nagar, Ganeshgudi. The sa agreement was to be in force till 31/3/198 the appellant took DELIVEry of 20 M. Tonn of cement on 31/1/1981 and40m. Tonnes cement on 1/2/1981 for transport and delivery to the respondent's godown at Ambika Nagthe total cost of cement was about Rs. 25,000. 00. According to the appellant when the vehicles were loaded there was not sufficient diesel available and therefore the goods had to be unloaded and kept in a warehouse so that the transport could be made after getting the required diesel. In that process, there was a delay and goods could not be Delivered within the specified time.
(3.) In the meanwhile, there was a seizure of the goods by the police on the ground that the same were being illegally transported. The appellant claimed that he informed the respondent about the unlawful seizure and requested it to get the goods released by informing the concerned authorities that the goods belonged to it and were being lawfully transported to their godown. According to the appellant, no steps were taken by the respondent to get the goods released. Both the trial court and the lower appellate court found that the respondent had not taken appropriate steps for getting the goods released from the police authorities and if it had acted in time such amount of damages would not have been caused.;