GTC INDUSTRIES LIMITED Vs. COASTAL ROADWAYS LIMITED

JUDGEMENT

(1.) The plaintiffs have instituted the suit for recovery of Rs. 1,33,576/- The plaintiffs have sought interest @ 18 % p. a. from the date of filing of the suit till judgment and thereafter till the realisation on Rs. 1,33,576/- and for costs.

(2.) The plaintiffs case in brief is as under: The plaintiffs have sold the goods in the nature of Cigarettes to M/ s. Sharp Commercial Limited at Guwahati. (hereinafter the Cigarettes is referred as "the suit goods"). The suit goods were to be sent by road through the defendants. Three invoices were issued by the plaintiffs i.e. vendors of the suit goods which are at Exh, PI collectively. It is the case of the plaintiffs that the goods were to be made over to the defendants on 30th May, 1989 and the suit goods reached the place of delivery in the damaged condition. According to the plaintiffs, the defendants issued three damage certificates which are at Exh. P-2 collectively and it is mentioned in the said certificates taken together that in all 32 cartons were delivered in the damaged condition. According to the plaintiffs they suffered the damage and that is how the suit for recovery of the aforesaid amount is filed.

(3.) The plaintiffs had engaged a surveyor by name M.C. Raychoudhry to conduct the survey, and the said surveyor by the survey report dated 18th September, 1989 estimated the losses. The said surveyor's report could not be proved by the plaintiffs and hence, it is marked as "X" for identification. The plaintiffs have admitted that the notice came to be issued by the purchaser of the suit goods namely, M/s. Sharp Commercial Pvt. Ltd. being notice dated 16th October, 1989 at Exh. P3. The said notice is addressed to the defendants and the defendants were called upon to settle the claim of said M/s. Sharp Commercial Pvt. Ltd. on account of the 32 cartoons being delivered in the damaged condition. According to the plaintiffs defendants by letter dated 23rd November, 1989 at Exh. P4 replied to the said letter and disputed the claim of M/s. Sharp Commercial Pvt. Ltd. and denied their liability to pay the compensation.