Bhaskar Rao, J. - (1.) Plaintiff is the appellant. The suit was for recovery of a total sum of Rs. 71,010-32 paise consisting of (i) Rs. 64,657-32 amount deposited in the Bank by the consignee-plaintiff to the credit of the defandant-railways for retiring the consignment documents and (ii) Rs. 6, 353-00 claimed as compensation by measuring interest as the basis on the above amount deposited, from the date of deposit till the date of suit.
(2.) The brief facts relevant for the present purpose are; On 3rd August, 1975 M/s. Tata Chemicals Limited entrusted a consignment of BHC Technical consisting of 191 bags of 75 Kgs,. each to the defendant-railways at Mithapur Railway Station in Western Railway for purpose of delivering the same to the plaintiff at Guntur, under Bill No. 5/100/75-76 dt: 4-8-75 for Rs. 64,657-32 paise. The R/R number is 'B-850460' the invoice number being '9' dt. 3-8-75. On receipt of the R/R and the Bill the plaintiff in order to have the consignment documents retired paid the Bill amount, viz, Rs. 64,657-32 on 12-8-75 in the State Bank of India to the credit of the railways Even after waiting for three months the consignment did not reach Guntur for the plaintiff to have delivery of the same. The enquiries made by the plaintiff in this behalf were also of no avail and even the claim petition made before the railway authorities did not receive the required attention. The plaintiff therefore instituted the suit.
(3.) The 2nd defendant filed a written statement which the 1st defendant adopted stating that on 8th, April, 1976 though delivery of the consignment was offered the same was not received; and that there was no negligence on the part of the railways resulting in any delay in delivery.;