LAWS(CAL)-1955-7-25

KARNAPHULI JUTE MILLS LTD Vs. UNION OF INDIA

Decided On July 22, 1955
KARNAPHULI JUTE MILLS LTD. Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS is a suit for recovery of Rs. 9,72,579/- on various causes of action which are not very clearly set out in the body of the plaint itself, but have to be gathered from the particulars given In prolix and rambling annexure to the plaint.

(2.) THE plaintiff company is incorporated under the Indian Companies Act and formerly used to carry on business at Chittagong; it describes itself in the cause title of the plaint as having its registered office at present at 1B, Old Post Office Street, Calcutta. It claims to He a "Displaced person" within the meaning of the Displaced Persons Institution of Suits Act, 1948.

(3.) THE plaintiff's claim can be summarised under the following heads :-- (a) Compensation for requisition of the premises of the mill and the factory. (b) Damages suffered by reason of the defendant's failure to allow the plaintiff opportunity to remove various movables. (c) Damages suffered on account of the defendant's failure to take proper or reasonable care of the plaintiff's properties by reason whereof machinery ana other movables have become entirely unfit for use. (d) Damages for conversion of three lakhs of bricks and 370 tons of Gamar logs taken over by the defendant in 1942. (e) Damages suffered through the defendant's default in allowing the plaintiff's properties to be looted and pilfered.