ASHIT SHIPPING SERVICE PVT LTD Vs. ALLAHABAD BANK

JUDGEMENT

(1.) The present appeal arises against the judgment and order dated 24.6.2005 passed by the civil Court in Special Civil Suit No.38 of 1996, whereby the suit has been dismissed with cost and the plaintiff is directed to pay the cost of the suit to the defendants.

(2.) The short facts of the case appear to be that the plaintiff was working as an Agent of M/s Samta Shipping Agency Private Limited, Singapore for their vessel MV Kign ANN Voyage No.1/95 at Kandla Port. As per the plaintiff, the vessel had arrived at Kandla Port carrying cargo of the Serawak Keruinglogs of timber consigned to various parties and had berthed at Kandla Port on 7.3.1995. As per the plaintiff, further the bill of lading in original and other documents were to be collected by defendant No.2 from defendant No.1 only after making payments. The defendant No.1 Bank had opened the letter of credit with defendant No.2 in favour of the plaintiff and defendant No.1. It is the case of the plaintiff that before the vessel had berthed and unloaded the cargo at Kandla, defendant No.2 managed to send one IG bond executed by the defendants in favour of the plaintiff in order to avail the delivery of the cargo. On 6.3.1995, the plaintiff had received IG bond on behalf of defendant No.2 and the plaintiff issued delivery order in favour of defendant No.2 and he took delivery of 72 days of timber logs. Such duly discharged bill of lading was not submitted to the plaintiff by defendant No.1. There was correspondence and ultimately the plaintiff filed the suit for recovery of the amount of Rs.31,00,705.17paisa with interest. The civil Court at the conclusion of the trial, found that the plaintiff has not proved the case and dismissed the suit as per the above referred judgment. It is under these circumstances, the present appeal before this Court.

(3.) We have heard Mr. Amin for the appellant plaintiff and Mr. NK Khare for Mr. Sankhla for respondent No.1 bank.