SAILESH TEXTILE INDUSTRIES Vs. BRITISH AIRWAYS

JUDGEMENT

(1.) By way of this suit, the plaintiff seeks to recover a sum of Rs.2,51,663.75 along with interest @ 18% per annum from the date of filing of the suit till realisation against settlement of their claims towards value of the cost of goods, freight, insurance, etc.

(2.) Briefly the facts are, plaintiff entered into a contract with one M/s. Yassin Hussein Adham of Jeddah (Saudi Arabia) for export of 7,000 pieces of "Hand Embroidered Terrywool Rumals: All white" of a total value of Rs.3,57,000/-. The plaintiff exported the above material in three consignments through defendant No.1. The third consignment of goods consisting of 2,997 pieces of the said Rumals was exported vide Airway Bill No.125-63405226 dated 7th October 1976. A sum of Rs.14,693.75 was pre-paid towards freight charges. The said goods were insured by defendant No.2 for which a premium of Rs.1,025/- was also paid by the plaintiff. Plaintiff handed over the relevant documents to defendant No.3 who discounted the same.

(3.) The goods were delivered to defendant No.1 on 7.10.1976 for carriage to Jeddah on pre-paid freight. Documents were negotiated through Bank Melli Iran, Jeddah. The goods left India only on 29.11.1976 by British Airways Flight No.BA 317. The said goods did not reach their designation. On enquiries, defendant No.1 was unable to give the whereabouts of the said consignment. Letters dated 10.1.1977 and 17.2.1977 were also sent to defendant No.1 but no reply was received. Plaintiff informed defendant No.2 of the loss of goods and by their letter dated 1.3.1977, requested defendants No.1 and 2 to make good the loss caused to the plaintiff. No reply was received. A legal notice of demand dated 18.4.1977 was also served on defendant No.1, in reply to which defendant No.1 stated that the consignment booked was delivered to the local customs on 29.11.1976 and the relevant documents were delivered to the consignee through Bank Melli Iran, Jeddah. Plaintiff again made enquiries but the consignment could not be traced. Defendant No.1 vide its letter dated 3.1.1979 addressed to defendant No.2 with a copy to the plaintiff admitted that the importer at Jeddah had not received the goods and the defendant No.1 had not been able to get documentary evidence of having delivered the goods to the Customs and the goods were not traceable. Defendant No.1 gave its no objection to defendant No.2 for settling the claims of plaintiff. Plaintiff lodged its claim with defendants No.1 and 2 but the defendants failed to settle the claim of the plaintiff.