PATEL ROADWAYS LTD Vs. MANALI PETROCHEMICAL LTD

JUDGEMENT

(1.) Heard the arguments of Mr.T.D.Selvam Babu, learned counsel appearing for appellant and Mr.N.Vijayaraghavan, learned counsel for the second respondent.

(2.) This is an appeal filed under Section 96 of C.P.C. challenging the judgment and decree made in O.S.No.3208 of 2001, dated 31.3.2003 on the file of the learned Additional District and Sessions Judge, (Fast Track Court No.IV), Chennai. The appellant is the defendant in O.S.No.3208 of 2001. The suit was filed by respondents against the appellant for recovery of sum of Rs.5,31,012/- together with interest at the rate of 18% per annum from the date of the plaint till the date of payment and for costs.

(3.) The appellant and both respondents are public limited companies. The firs respondent had despatched 28 drums of three different varieties of chemicals/products to M/s.Hindustan Level Ltd., Bangalore against the purchase order, dated 12.3.1998. The goods were entrusted to the appellant for safe carriage and delivery at Chennai under Lorry Receipt Nos.1267506, 1267507 and 1267508, dated 20.3.1998. The consignment was found to have been transported by the appellant by vehicle No.KA 16 2421hired by the defendant. It was found that the said consignment did not reach Bangalore. In view of non delivery of consignment, the first respondent by letter dated 7.4.1998 lodged a claim for non delivery and assessed the value of loss at Rs.5,99,286/-. By letter, dated 9.4.1998, the appellant informed the first respondent that the consignment was not traceable and the truck itself was found missing. The appellant also informed that they had lodged a FIR with the police and promised to keep the first respondent about informing of developments. Accordingly, the FIR in crime No.291 of 1998, dated 16.5.1998 was registered at Manali Police station coming under the then Chengalpat District (presently Tiruvallur district) in respect of loss of consignment as well as the loss of truck.