JK METAL INDUSTRIES Vs. LLOYDS AGENCY

JUDGEMENT

(1.) The Plaintiff has filed the present suit under Order XXXVII CPC. The present suit is for recovery of a sum of Rs. 46,98,522/- alongwith pendente lite and future interest. As per the Plaintiff, the Plaintiff is in the business of manufacturing of Aluminium Cookwares. On 30.06.2012, a pro-forma invoice was raised in favour of the Plaintiff by M/s. Qingdao Weilibang Chemical Co. Ltd., China for supply o f Aluminium Ingots 40 MT for a total amount of USD 65,400/-. On 22.08.2012, commercial invoice for the aforesaid transaction was issued by the supplier.

(2.) On 29.08.2012, the supplier executed a contract for insurance titled as "Cargo Transportation Insurance Policy". As per the Plaintiff, in terms of the policy, in consideration of the premium paid by the insured, the affiliate of the Defendants undertook to insure the goods in transportation subject to the conditions of the policy. The contract of insurance is stated to be from warehouse to warehouse covering marine insurance.

(3.) As per the Plaintiff, subsequent to the contract of insurance and the shipment of the goods by Cargo Transportation Company, the Plaintiff paid the price of the cargo and gained the right to file claim for the same. On 30.10.2012, subsequent to the arrival of the shipment at ICD Dadri, upon custom examination in one container out of the two, the goods were found to contain stone painted with aluminium colour instead of aluminium ingots. The Plaintiff requested for a joint survey alongwith the survey of the second container which was yet to be opened by the Customs. On the conduct of the joint survey, it transpired that both the containers contained stones painted with aluminium colour instead of Aluminium ingots. The Joint Survey Report indicated that one of the seals of both the containers was found open and in one container the wire rope binding the tarpaulin of the open top container was found cut. The survey report indicated total loss caused to the Plaintiff with regard to the shipment. The Plaintiff submitted their insurance claim with the Defendants. The Defendants are stated to have issued a letter dated 28.12.2012 enclosing a copy of the survey report.