ROLTA INDIA LIMITED Vs. ELBEE SERVICES LIMITED

JUDGEMENT

(1.) Plaintiff No.1, a company incorporated under the Companies Act, 1956 is engaged in the business of manufacture, import, supply & erection/commission of the sophisticated and advanced computer equipment system. Plaintiff No.2 is a subsidiary of General Insurance Corporation of India and is mainly engaged in the business of general insurance. Defendant is a company registered under the Companies Act and is engaged in the business of transporting for hire and/or reward property or goods from place to place, inter alia, by land for all persons and, therefore, comes within the expression "Common Carrier" as per Carriers Act 1865.

(2.) This is a suit for recovery of Rs. 1,42,46,1271- claimed from the defendant on account of the damages caused to the packages delivered to the defendant for transportation and consequential loss to the plaintiff.

(3.) Put briefly the facts are as under: