GAMBHIRMULL MAHABIRPRASAD Vs. INDIAN BANK LTD

JUDGEMENT

(1.) In this suit the plaintiff states that at the material time both the defendants had Branch Offices at Rangoon. The plaintiff was a constituent of the defendant Indian Bank Ltd. in Calcutta which was acting as the plaintiff's bankers and agents and was in-charge and control of three consignments of Hosiery goods belonging to the plaintiff. The goods were lying in Rangoon. The documents relating thereto were in the custody of the defendant bank. The goods consisted of 34 cases shipped per s.s. Hupeh; 16 cases shipped per s. s. Taksand and 2 cases shipped per s. s. Hong-peng.

(2.) On and prior to the 3rd January, 1942 the plaintiff instructed the defendant bank in Calcutta, to arrange for the immediate reshipment of the goods, to Calcutta and if re-shipment was not possible to arrange for insurance and storage of the goods- The defendant bank informed the plaintiff that instructions to the said effect had been sent by them to their Rangoon Office on the 3rd January, 1942.

(3.) By letter dated the 7th January, 1942 Machinon Mackenzie and Co., the defendant No. 2 herein had at the request of the plaintiff undertaken to have the consignment of 34 cases re-shipped to Calcutta immediately on receipt of a deposit and the documents relating to the goods. On the 10th January, 1942 the defendant bank at Calcutta informed the plaintiff that its Rangoon Office had undertaken to arrange for the immediate re-shipment of the goods and if re-shipment was not possible to arrange for insurance of the goods against waf risks and to store the same. On the 10th January, 1942 the plaintiff handed over the letter of the defendant No. 2 to the defendant bank, at Calcutta to take further action in the matter. Pursuant to these instructions the defendant bank, by its letter dated the 10th January, 1942 to the defendant No. 2, requested the latter to arrange for the immediate re-shipment of all the three consignments from Rangoon to Calcutta and to instruct their Rangoon Office to act accordingly and to accept the documents relating to the goods. Pursuant to the plaintiff's instructions the defendant bank, at Calcutta by their letter dated the 10th January, 1942 to their Rangoon Office confirmed the previous correspondence in the matter and requested the latter to hand over the documents relating to the goods to the Rangoon Office of Messrs. Mackinon Mackenize and Co. immediately with instructions to re-ship the goods at once, if re-shipment had not already been made.