- (1.) This is a suit for "recovery of 95 drums of liquid paraffin oil which the Plaintiff imported from the United States of America and in the alternative for Rs. 21,375 being the value thereof and for certain other reliefs.
(2.) The case of the Plaintiff firm is that it is the owner of 190 drums of liquid paraffin bearing marks Versoil H.S.H.T. of 50/60 viscosity which arrived by the Steamer S.S. "Steel "Recorder" and which were landed at the Calcutta Port on or about March 21, 1949. The Plaintiff duly applied for and obtained delivery of 95 drums on or about April 2, 1949. The Defendants have, however, wrongfully failed and neglected to deliver the remaining 95 drums is spite of demands and are wrongfully continuing in possession of the same and are converting the same to their own use and detaining the same. The Plaintiff, therefore, claims return of the said 95 drums or the value of the said goods calculated at Rs. 225 per drum (being the market price at Calcutta) as damages for non-delivery and/or for wrongful conversion.
(3.) The present suit was filed on November 28, 1949.;