SRI PRASAD INDUSTRIALS Vs. SAVANI TRANSPORTS P LTD

JUDGEMENT

(1.) Bakelite Hylam Ltd., Secunderabad, entrusted a consignment of Bakelite Powder with the defendant carriers for carriage to the plaintiff at Quilon. The goods were carried and delivered to the plaintiff at Quilon. Upon arrival of the consignment at Quilon, it was noticed that some of (he bags were torn. At the request of the plaintiff a survey of the goods was conducted whereupon it was found that there was a shortage to the value of Rs. 143.25. The plaintiff sued the carrier in the Munsiff's Court, Quilon for recovery of the value of the short delivered goods. A preliminary objection as to the jurisdiction of the court was raised by the carriers on the basis of clause (17) of the terms and conditions of the contract of carriage. This clause reads:

(2.) In Hakam Singh v. Gammon (India) Ltd. ( AIR 1971 SC 740 , 741), it was held:

(3.) Shri Sudhakara Prasad, appearing for the revision petitioner, contends that the observation of the Supreme Court in Hakam Singh v. Gammon (India) Ltd. does not apply to the facts of the present case where the provision conferring jurisdiction exclusively on the Bombay court appears in the contract between the carriers and the seller. Such a contract, he argues, is not binding upon the consignee who seeks to sue the carriers on the strength of title to the goods. I do not agree.