PATEL ROADWAYS LIMITE0D BOMBAY PATEL ROADWAYS LIMITED BOMBAY Vs. PRASAD TRADING COMPANY:TROPICAL AGRO SYSTEMS PRIVATE LIMITED

JUDGEMENT

(1.) Special Leave granted.

(2.) Since in both these appeals an identical question of law arises they are being decided by a common judgment. Facts in a nutshell necessary for appreciating the question involved may be stated. M/ s. Patel Roadways (P.) Ltd., the appellant in both these appeals carries on the business of a carrier and transports goods on hire. It has its principal office at Bombay and branch offices at various other places which shall hereinafter be referred to as subordinate offices.

(3.) M/s. Prasad Trading Company, the respondent in the Civil Appeal arising out of S.L.P. (C) No. 14660 of 1990 who is a dealer in cardamom entrusted a consignment of 850 kilograms of cardamom to the appellant at its subordinate office at Bodinayakanur in Tamil Nadu to be delivered at Delhi. After the goods had been transported by the appellant and kept in a godown at Delhi the same got destroyed and damaged in a fire as a result whereof the consignee refused to take delivery. The respondent instituted a suit in the Court of Subordinate Judge, Periakulam within whose territorial jurisdiction the subordinate office of the appellant where the goods were entrusted for transport is situate for damages alleging that the fire was due to the negligence and carelessness on the part of, the staff of the appellant.