NATIONAL COAL DEVELOPMENT CORPN LTD Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the judgement dated 28th August, 1976, passed by the Second Addl. Subordinate Judge, Dhanbad, in Money Suit No. 157 of 1970. The learned Subordinate Judge has dismissed the suit on contest with cost, against the defendants.

(2.) The plaintiff, National Coal Development Corporation (for short 'the N.C.D.C.') had instituted a suit alleging that it carries on business of producing and winning coal through its various collieries and Sudamdih Colliery under Sudamdih Project, within Jorapokhar P.S., within the district of Dhanbad was one of such units engaged in production of coal. It is claimed that the plaintiff had placed orders with Centrozap Enterprises and in pursuance of the said order, Centrozap Enterprises, through M/s. Kpoex, a Mining Construction Overseas Company had despatched the consignment intended for Sudamdih Colliery to Pathardih Railway Station and the consignment arrived at Khiddirpur Dock, Calcutta and there it was loaded in three wagons covered in wooden boxes. That consignment was despatched from Khiddirpur Dock to Pathardih Railway Station for the plaintiffs Sudamdih Colliery Project. The consignment was being carried by the Eastern Railways under Railway Receipt No. 066908, dt. 26 (16?)-9-67. The aforesaid consignment was also ensured by defendant 2, the Life Insurance Corporation of India, for safe arrival and delivery to the plaintiff at Sudamdih Colliery, via Pathardih Railway Station, under Insurance Policy No. SB/CDN/3039/3/67 for a sum of Rs. 680,288/-.

(3.) The aforesaid consignment ultimately reached at Pathardih Railway Station on 20-10-67. The plaintiffs representative along with the Polish experts were present. They found that the consignment was in broken condition and heavy shortage of goods was also detected. In the circumstances, they prayed for open delivery and open delivery was taken. It was found that 451 pieces of bearings, 3 pieces of fire Damp Detectors (SJZ type/3) and two pieces of cover type MOMG Will were short and one box containing machine parts was found empty. Thereafter a short delivery certificate was granted by the Yard Master of Pathardih Railway Station, through Ext. 9, on 20-9-67. Thereafter the plaintiff sent the required notice under S.78 of the Railways Act and ultimately when the matter was not settled by negotiation with the Railway Administration, the plaintiff issued a notice under S.80 of the Civil P.C. and instituted the suit.