TRADE WINGS LTD. Vs. EXPO FREIGHT PRIVATE LTD.

JUDGEMENT

(1.) This appeal is by defendants No.1 and 2 before the Court of the XIV Additional City Civil Judge at Bangalore (CCH.No.28) (hereinafter for brevity referred to as the "Trial Court"). The present respondent No.1 as a plaintiff had instituted a suit against the present appellants arraigning them as defendants No.1 and 2 and five other defendants as defendants No.3 to 7 in O.S.No.9913/2005 for recovery of a sum of Rs.4,84,359/- along with interest there upon at the rate of Rs.9% per annum.

(2.) The summary of the case of the plaintiff in the Trial Court was that, it is a Company incorporated under the Companies Act, 1956 (hereinafter for brevity referred to as the "Act"). The defendants No.1, 2, and 3 are also registered Companies under the same Act. The plaintiff - Company was engaged in the business of freight forwarder and renders service of the shippers like the defendants for freight and other services in respect of the said carriage undertaken by them. The defendants No.1 and 2 who are the Shippers entrust the cargo either in their name or in the names of their agents including M/s. Web International Cargo on their account. The plaintiff - Company as a freight forwarder, in turn, entrusted the cargo to the actual carrier who issues Air Way Bill or air consignment note to the shipper or to their agents.

(3.) In the instant case, the carriage was done by the plaintiff - Company itself for the defendants. Accordingly, all the communications were sent to them for confirmation.