EXFIN SHIPPING INDIA LIMITED Vs. HARYANA MINERALS LIMITED

JUDGEMENT

(1.) M/s Haryana Minerals Limited, the defendant/respondent herein appointed the plaintiff/appellant as their Cargo Clearing and Forwarding Agent for handling their shipments of exports to various countries. The terms and conditions offered by the plaintiff/appellant were acceptable to the defendant/respondent. Concluded contract was entered into between them at New Delhi August,1992. Plaintiff started handling the shipments of the defendant. Plaintiff raised debit notes for the charges and expenses incurred by it. Running account was maintained in regular course of business. Plaintiff as per its books of accounts found that a sum of Rs.84,820/- was outstanding against the defendant as on 9th April,1994 which in spite of repeated reminders and legal notice had not been paid. Hence the suit.

(2.) The suit was contested by this respondent, inter-alia, on the ground that the appellant/plaintiff delayed the transportation of material from mines to I.C.D. Pragati Maidan, New Delhi. Consequenlty the movement of material from I.C.D. Bombay was delayed. Due to delay caused by the appellant/plaintiff the L.C. expired. Moreover, the foreign buyer refused to accept the containers unless the price was reduced. Forced by the circumstances the material was sold on reduced price in order to avoid damage and other losses. As a consequence, the respondent suffered loss to the tune of Rs.64,218/- beside suffered loss of rupees one lacs on account of supplying the material at reduced price, in future, and further loss of rupees one lacs on account of loss of reputation and good will. Thus, the respondent claimed a sum of Rs.2,64,218/- as damages in its counter-claim filed with the written statement. Issues were framed on the claim and the counter claim.

(3.) That after analysing the evidence, the learned Trial Court came to the conclusion that since the appellant/plaintiff did not produce the original books of accounts in the court hence no reliance could be placed on the mere statement of account produced by plaintiff i.e.Ex.PWl/2. Trial court, therefore, concluded that in the absence of original books of accounts having been produced, plaintiff's suit must fail. That copy of the entry contained in those books of accounts was not relied upon. However, relying on the admission made by Balam Singh, DW-1, the court decreed the suit for Rs.10,400/- against invoices No.39, 73 & 164. The fact that the respondent/defendant deducted an amount of Rs.60,000/- from the bills of the appellant/piaintlff on account of delay in lifting the goods was admitted by the defendant's witness Balam Singh DW-1. Trial Court also awarded interest @ 24% per annum on the sum of Rs.10,400/- from 9th April, 1994 till the institution of the suit, further pendentelite and future interest at the same rate has also been awarded. All other issues including institution and filing of the suit have been decided in favour of the appellant/plaintiff. The issues framed on the counter claim of the respondent/defendant have been decided against the respondent/defendant.