MGK TRADING HOUSE Vs. ORISSA STEVEDORES LIMITED

JUDGEMENT

(1.) The suit is filed for recovery of money lost due to breach of premise by the 1st defendant, who vide letter dated 18.09.2003 offered to undertake stevedoring of the plaintiff's cargo pursuant to the business they secured from the Company at Turkey for export of potassium feldspar minerals to the quantity of 8,250 Metric tone. The 1st defendant also in the said letter agreed to fix the vessel for the shipment. On 22.09.2003, the 1st defendant sent a revised quotation to undertake the stevedoring of the plaintiff's cargo at Chennai Port. After finalizing the contract with the plaintiff, the 1st defendant had negotiated with the other defendants for engaging the services. Accordingly the 2nd defendant by their letter dated 18.09.2003 and 14.10.2003 confirmed that they will arrange the vessel. So, the plaintiff appointed the 2nd defendant as their chartering agent to fix the vessel. The authorization letter dated 06.11.2003 was given to the 2nd defendant to act as the plaintiff's chartering agent for the shipment of the plaintiff's cargo. The

(2.) nd defendant gave a letter dated 07.11.2003 to the Traffic Manager, Chennai Port Trust, stating that, the vessel namely "M.V.Sea Dream" has been fixed and therefore, requested the Port Trust authorities to allot wharf for the shipment of the plaintiff's cargo. 2. Based on the letter of the 2nd defendant, the Port Trust Authority allotted the wharf for carrying plaintiff's cargo. Believing the defendant's representation, the plaintiff also moved the potassium feldspar for the quantity of 6169 M.T from the mines to the Chennai Port Trust and carted the said cargo in the wharf allotted to them on various dates from 15.11.2003 to 08.12.2003. For the transport, the plaintiff has incurred expenditure of Rs.24 lakhs to engage the service of transporter M/s.Sreenivasa Lorry Services. The representative of the defendants assured the plaintiff that the vessel "M/s.M.V.Sea Dream" would land at Chennai Port in the month of November-2003 however, the vessel did not land at Chennai Port, to carry the plaintiff's cargo either on 25.11.2003 or any subsequent dates even after the cargo entered the wharf. The plaintiff's learnt that the defendants played fraud on the Port Trust Authorities in getting an allotment of wharf by falsely stating that the vessel was fixed and also cheated the plaintiff by not fixing the vessel to ship their cargo to the buyer at Turkey, within the stipulated time.

(3.) Alleging that, without fixing the vessel, the defendants have made plaintiff unnecessarily to move the cargo into the wharf, causing huge loss to the plaintiff's by way of demurrage, the present suit is filed for damages, loss of reputation and goodwill.