E I D PARRY INDIA LIMITED HAVING ITS REGISTERED OFFICE OF DARE HOUSE MADRAS 1 Vs. FAR EASTERN MARINE TRANSPORT CO LTD

JUDGEMENT

(1.) This is a suit for damages of Rs.1,98,369 with subsequent interest and costs for short-landing of goods. The Plaintiff is a body-corporate incorporated under the Indian Companies Act. The Plaintiff Company entered into a contract with M/s.PateI Holdings Limited SDN/BHD Malaysia for the import of Palm Olien Oil. In pursuance of the aforesaid agreement the Foreign Supplier shipped 1574 drums of the said Oil to Madras by the Vessel S.S. 'SUN DUEX' belonging to the first defendant, whose local agent at Madras is the second defendant firm. The shipment of the goods was covered by the bills of lading bearing Nos.PK/M20, dated 30.8.1977 covering 259 drums and PK/M21, dated 30.8.1977 covering 1315 drums. The goods were insured against all risks including shortage with the third defendant-Insurance Company. The vessel arrived at Madras Harbour on 18.9.1977 and upon discharge of the cargo, it was found that in respect of the first consignment covered by Bill of Lading No. PK/M20, 45 out of 259 drums were short-landed and in respect of the second consignment covered by Bill of Lading No. PD/M21, 80 out of 1315 drums short-landed. The plaintiff was given by the Port Trust of Madras the requisite short-landing certificates. The value of the goods short-landed is calculated by the plaintiff Rs.70,389 in respect of the first consignment and Rs.1,27,980 in respect of the second consignment aggregating to Rs.1,98,369 being the proportionate C.I.P. value. The plaintiff company lodged a claim with the first defendant on 28.11.1977 for the value of the shortages but in vain. Hence the said sum of Rs.1,98,369 is due and payable by the first defendant. The third defendant insurer is equally liable for the loss sustained by the plaintiff on account of short-landing. The defendants are jointly and severally liable to the plaintiff to the sum of Rs.1,98,369 and hence this action.

(2.) The first defendant-Far Eastern Marine Transport Company has raised the following contentions: The plaint does not disclose how the Plaintiff-company is entitled to the goods covered by the suit consignment and- how the suit is maintainable. This defendant is not aware of the contents of the drums or their value. It is denied by this defendant that there was any short-landing of goods and it is asserted that all the drums covered by the two bills of lading were fully discharged at the Port at Madras. Denying any knowledge of this short-landing certificates issued by the Port Trust of Madras, this defendant has averred that the loss if any must have occurred while the goods were in the custody of the Port Trust of Madras. The plaintiff was put to strict proof of the alleged short-landing and the value of the goods alleged to have been short-landed. This defendant's name has been subsequently added in the plaint and the suit against this defendant is hopelessly barred by time. This defendant has therefore prayed for a dismissal with costs.

(3.) The second defendant contends that it is only an agent for the first defendant-company and is not at all liable for the suit claim. In other respects, it has adopted the written statement of the first defendant.