- (1.) This is a suit for a declaration that the Plaintiff is entitled to immediate possession and delivery of certain goods, decree for delivery of the goods and for consequential reliefs.
(2.) Three hundred and fifty-five hags of turmeric were shipped from Maslipatam to Calcutta per steamship "Nurani" belonging to the Defendant under the bill of lading So. 6, dated June 5, 1952. Messrs. V.R.P. Vankatasaroa were the consignors and the Plaintiff was the consignee of the goods.
(3.) The original bill of lading and a copy thereof, both signed by the agent of the Defendant, were received by the consignors through their brokers on June 9, 1952. On the same date the consignors sent the original bill of lading to the Plaintiff by post. The original bill of lading was lost in course of transmission, and did not rench the Plaintiff. The goods arrived in Calcutta sometime in June. 1952. On receipt of a telegram from the Plaintiff, the consignors sent their Sales Manager, Radha Krishna Murthi, to Calcutta with the copy bill of lading. Sometime in the second or third week of June, 1952, the copy bill of lading was tendered to the Defendant by the Plaintiff through one Radhakissen who offered indemnity and a bank guarantee for three years to Mr. Fountain acting on behalf of the Defendant. Mr. Fountain refused to deliver the goods without an indemnity and hank guarantee for six years.;