- (1.) This is a suit for the recovery of damages for conversion of goods. The Plaintiff is a merchant. The Defendants are--(1) The Governor-General-of-India in Council as representing the Collector of Customs, Calcutta, (2) The Collector of Customs, Calcutta and (3) The Commissioners for the Port of Calcutta.
(2.) The claim as laid in the plaint arose in the following circumstances: The Plaintiff had imported thirty-five packages of coaltar dyes from Shanghai. By an order dated December 21, 194), the Collector of Customs, Calcutta, confiscated these goods under certain provisions of the Sea Customs Act and stored the goods with the Commissioners for the Port of Calcutta. Subsequently the Plaintiff paid certain fines, whereupon the goods were released from confiscation. Later on, the Plaintiff paid the customs duty on the said goods and became entitled to receive them. The Plaintiff demanded delivery of the goods, but only sixteen of the packages were delivered to him and the remaining nineteen were not delivered. Hence, the Plaintiff alleges, the Defendants converted his goods and are liable to him for the damages caused thereby.
(3.) When the suit came up for hearing, the Plaintiff abandoned his case against the Governor-General and the Collector of Customs and the suit has been fought out before me between the Plaintiff and the Commissioners for the Port of Calcutta.;