BHORUKA STEELS LTD Vs. STEEL COMPLEX LTD

JUDGEMENT

(1.) Heard the Learned Counsel for the Appellant and the Learned Counsel for the respondent.

(2.) This Appeal is filed against the concurrent findings of the Courts below. The aggrieved defendant has filed the present Second Appeal.

(3.) The case of the appellant is that during the year 1997-1998, the cargo ship M.V.Pacific Hiro and M.V.Rio Madeira, was carrying steel scrap to the Port of Chennai for the plaintiff. The defendant was authorised to oversee the delivery of cargo and to that effect an agreement was entered between committee of receivers and representatives of stevedores and the defendant on 24.08.1995. The defendant being a stevedores ought to have delivered 99% of the goods as per the agreement and if there is any shortage, it was agreed to compensate at the rate of Rs.7,000/- M.T. When the cargo in M.V.Pacific Hiro reached Chennai Port Trust with 2000 MT steel scrap, only 1980 M.T scrap delivered to the plaintiff, though as per the bill of lading, 0.170 M.T steel scrap in excess was unloaded and charge was paid for the said cargo. The defendant failed to deliver the goods to the plaintiff in time. With much delay, 1966.490 M.T scrap was delivered to the plaintiff. For shortage of 33.510 M.T scrap, as per the agreement, the defendant is liable to pay a sum of Rs.94.570/- and due to the shortage and belated delivery the plaintiff has suffered monetary loss to a tune of Rs.1,20,729.32. In spite of repeated request, the defendant had not compensated the damage as per the terms of agreement dated 24.08.1995. Hence, the defendant is liable to pay compensation @ 18% interest from 25.08.1997 till the date of payment.