CARBORANDUM UNIVERSAL LTD Vs. M G INTERNATIONAL TRANSPORTS

JUDGEMENT

(1.) THE Second Appeal has been preferred under Section 100 of the Code of Civil Procedure against the Judgment and Decree, dated 23.11.21005 made in A.S.No.418 of 2004 on the file of the V Additional Fast Track Court, Chennai, confirming the Judgment and Decree, dated 28.10.2003 made in O.S.No.6124 of 2000 on the file of the XVII Assistant Judge, City Civil Court, Chennai.

(2.) THE appellants herein were the plaintiffs in the suit, that was filed, seeking recovery of a sum of Rs.1,85,875/ - with interest at the rate of 18% p.a. from the date of filing of the suit till the date of realisation. After the trial, by Judgment and Decree, dated 28.10.2003, the suit was dismissed by the Trial Court. Aggrieved by the Judgment and Decree, the appellants herein preferred first appeal in A.S.No.418 of 2004, before the V Additional Fast Track Court, Chennai, however, the appellate Court, confirmed the Judgment and Decree passed by the Trial Court and dismissed the appeal by its judgment dated 23.11.2005,, aggrieved by which, this Second Appeal has been preferred.

(3.) IN this Second Appeal, the following substantial questions of law have been framed: "1. Whether the respondent/defendant, could invoke the assistance of a Special Enactment, Multi Model Transportation of Goods Act, 1993 without proving their status as a Registered Multi Model Transport Operator as defined under the said Enactment? 2. Whether Carriage by sea alone can be construed as a Multi Model Transportation when there is no other mode of transit is involved -