BRITISH AIRWAYS Vs. ART WORKS EXPORT LTD

JUDGEMENT

(1.) This application under S.115 of the Civil P.C. filed at the instance of the defendant No.1, British Airways, a Public Limited Company, is directed against Order No.19 dt. April 25, 1985 of the learned Judge, 4th Bench, City Civil Court, Calcutta dismissing the application of the petitioner under O.7,R.11 of the Civil P.C.

(2.) The suit out of which this application arises has been filed by the plaintiff opposite party No. 1, Art Works Export Limited, on March 13,1984 in the City Civil Court, Calcutta against the defendant petitioner and the pro forma defendant opposite party No.2, the Bank of India, inter alia, for the recovery of a sum of Rs. 23,235/- on account of damages, compensation and interest for wrongful loss caused by the defendant petitioner as carrier to the plaintiff opposite party No.1. The case of the plaintiff opposite party No. 1 is that on Dec. 10, 1981, a consignment containing 2,400. pcs. 'Mulberry Raw Silk 100% pure' hand printed stoles were despatched and/or shipped through the British Airways by air from Dum Dum Airport for discharge at Brussel. The Airways bill is dt. Dec. 10, 1981. The name of the consignee of the goods was Kredite Bank, Narkt Lakeren, Belgium, on account of M/s. Rachana Brugataat 113, 9100, Lakeren, Belgium. The value of the consignment was Rs. 13,000/-.

(3.) Upon shipment of the said consignment through the defendant petitioner, the plaintiff opposite party No. 1 duly made out a bill of M/s. Rachana covering the value of the said consignment and thereupon duly made over the same to the banker of the plaintiff opposite party No. 1 being the pro forma defendant opposite party No. 2 along with the original consignee copy of the said consignment note with a request to the said Bank to collect the proceeds of the said bill on D. P. basis. The Bank was specifically instructed by and/or on behalf of the plaintiff opposite party No. 1 to make over the consignee copy of the said consignment note only upon payment of the value of the said bill.