GANPATRAI SAGARMULL Vs. UNION OF INDIA

JUDGEMENT

(1.) The plaintiffs, Messrs. Ganpatrai Sagarmull and K. P. Ramaswami Nadar, have instituted this suit against the Union of India, claiming, inter alia, a decree for Rupees 10,017/- in favour of either in the alternative; alternatively, an enquiry into damages and decree for such sum as may be found due, interest, costs and other reliefs.

(2.) It is alleged in the plaint that at all material times M/s. Ganapatrai Sagarmull, the plaintiff No. 1 acted as the commission agents of K. P. Ramaswami Nadar, the plaintiff No. 2 for sale of cardamoms in Calcutta. It is alleged that on or about the 10th April, 1964, the plaintiff No. 2 delivered to the South Eastern Railways eight bags of dry cardamoms for transportation from Virudhu-nagar to Shalimar under a Railway Receipt dated the 10th April, 1964 bearing No. C.558753 issued in favour of the plaintiff No. 2.

(3.) It is alleged that the plaintiff No. 2 was the consignor as also consignee of the said goods. It is alleged further that the plaintiff No. 2 endorsed the said Railway Receipt in favour of K. P. Ramaswami Nadar Sons & Co, a sister concern of the plaintiff No. 2 and made over the same with intent to pass proprietary interest therein. The said K. P. Ramaswami Nadar Sons & Co. endorsed the said Receipt in favour of Canara Bank Ltd. for valuable consideration with intent to pass proprietary interest therein and made over the same to the Bank. Finally, on or about 21st April, 1964, the said Canara Bank Ltd. for valuable consideration endorsed the said Railway Receipt in favour of the plaintiff No. 1 and made over the same to the latter in Calcutta within the original jurisdiction of this Court also with intent to pass proprietary interest therein.