HANUTRAM SOHANLAL Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) This is a suit for recovery of Rs. 62,000 against the Union of India representing the Railway administration for nondelivery and/or loss of a consignment of one box containing gold chips and/or for wrongful detention or conversion of the same.

(2.) The case of the Plaintiff as made in the plaint may be briefly noted.

(3.) On February 21, 1955, Hanutram Sohanlal of Delhi consigned to the Plaintiff one box containing gold chips weighing approximately 26 seers (670 3/4 tolas) from Delhi Station on the Northern Railway for delivery thereof to the Plaintiff in Calcutta at Howrah Station on the Eastern Railway under P.W. Bill No. 433717 dated February 21, 1955. Due declaration had been made to the Northern Railway administration at Delhi at the time of sending the said consignment, that the goods to be carried were gold chips and the consignor paid and/or agreed, to pay the freight and/or charges as required by the Railway administration and the said Railway administration had not demanded or asked for any further or other sum as compensation or otherwise nor had the Plaintiff paid or had been required to pay any further or other sum. The Northern Railway administration had duly issued the said P.W. Bill to the Plaintiff and had undertaken liability as a bailee or carrier in accordance with the provisions of Ss. 152 and 161 of the Indian Contract Act, 1872, for itself and/or on behalf of the Eastern Railway administration. The said consignment had not been delivered to the Plaintiff. The Plaintiff has duly served notices under Sec. 77 of the Indian Railways Act and under Sec. 80 of the Code of Civil Procedure. The Plaintiff claims the sum of Rs. 62,000 as the value of the said consignment. In the plaint it has also been alleged that the Eastern Railway administration carries on business at No. 3, Koliaghat Street within the jurisdiction aforesaid.