M/S. ALBERT AND COMPANY PRIVATE LTD. Vs. FOOD CORPORATION OF INDIA, HAVING ITS REGIONAL OFFICE AT NO. 124, GREAMES ROAD, CHENNAI

JUDGEMENT

(1.) The suit is filed seeking a judgment and decree directing the first defendant to pay the plaintiff a sum of Rs. 52,66,101.68.00 together with interest at the rate of 18% per annum of Rs. 34,38,392.00 from the date of the plaint till the date of actual realization and for further direction against the defendant to pay the cost of the suit.

(2.) The plaint : The plaintiff company has been incorporated under the Companies Act, 1956, and is carrying on business in Stevedoring, Handling, Transportation, Clearance, Packing and Standardization of various cargoes. The first defendant is a Government of India Company, importing food grains and storing them in authorised warehouses in the country and making them available for distribution to the general public from time to time. The second defendant is an agent in respect of the Vessel M.V. Yick Wing, through which the cargo, which is the subject matter of the suit was transported and discharged in Tuticorin Port. At the outset, it must be mentioned that no relief has been claimed as against the second defendant, who has been joined in the plaint as a formal party.

(3.) It had been stated that the first defendant had issued tender notification in tender No.SPC/2(2)/DO-TTN/IMP. WHEAT/2006, dated 25.02.2006, for appointment of Stevedoring, Clearance, Handling Transport contractors at Tuticorin port, for which the plaintiff applied and obtained tender document under receipt no. 15651, dated 02.03.2006. It had been further stated that the cargo containing Wheat exported by M/s. Agrico Trade & Finance S.A., 7 Avenue Des Baumettes, Renes (Lausanne) GH-1020, Switzerland was sold in bulk to M/s. State Trading Corporation of India Limited. Subsequently, the State Trading Corporation of India had sold the Cargo to the first defendant on High Sea Sales Basis representing that the cargo contained 38,415.710 Mts of Wheat of Russian origin.