- (1.) THIS is a suit for the recovery of a sum of Rs. 12,782. 83 paise, alternatively, for an enquiry into the sum due and a decree for the sum to be found due upon such enquiry, on account of loss and damages due to shortage, non-delivery and damage to the goods.
(2.) THE case of the plaintiff No. 1 is that a consignment of 499 paper bags of Indian Polythyelene weighing 12735 kgs. was shipped on board the defendant's vessel s. s. "krishna Jayanti" for carriage from Bombay Port to Calcutta port under the Bill of Lading No. 5 dated July 27, 1964. On August 19, 1964, the said vessel arrived at the Port of Calcutta and completed the discharge of the cargo on or about september 2, 1964. The defendant failed and neglected to deliver 52 bags of Polyethylene weighing 1300 kgs. out of the said consignment. In respect of the goods delivered there was a shortage to the extent of 607 kgs. of Polyethylene. A further 293 Kgs. were delivered in a damaged and deteriorated condition.
(3.) THE plaintiff No. 1 made a request for ship's survey and about 57 polyethylene bags were surveyed by messrs. Norman Stewart and Co. , the marine surveyors, on two different dates at the Kidder pore docks.;