COAST VIYELLA INDIA LIMITED Vs. INDIA CEMENT LIMITED

JUDGEMENT

(1.) The appellant herein is aggrieved by the decision of the High Court which had partly allowed the appeal filed by the respondent against the decree of the trial court which was in favour of the appellant.

(2.) The facts which unfold from the pleadings and the evidence which were led before the trial court are that the respondent No. 1 is a manufacturer of cement. It had entered into an agreement with the State Trading Corporation (hereinafter referred to as 'the STC') to supply 1,20,000 tonnes of cement which the STC was to export to Iran. The said respondent agreed to act on behalf of STC to arrange for the actual loading and shipping of the cement from the port of Tuticorin.

(3.) Pursuant to this agreement between the respondent No. 1 and STC, the appellant herein by agreement dated 5.12.1974 was appointed by the said respondent as the forwarding and handling agent. Clause 1 (d) of the agreement stipulated the rate of loading. Clause 7 specifies the handling and another charges which were payable by the said respondent to the appellant. Clause 14 with which we are concerned in this appeal related to the preparation of laytime statement and the said clause reads as follows: