INDIAN OVERSEAS BANK Vs. SHAYAMA AND CO

JUDGEMENT

(1.) DISMISSAL of an application by the trial Court, for production of some documents by way of secondary evidence is what has given rise to this revision petition.

(2.) THE plaintiff bank filed a suit for the recovery of Rs. 18,32,406. 29 paise with interest at the rate of 19. 5% per annum against the defendants including M/s. Kartar Goods Transport Company defendant No. 9 and M/s Friends Road Lines-defendant No. 10. It was alleged that defendant No. 1 submitted various bills accompanied by Lorry Receipts/goods Receipts and Hundies duly endorsed in favour of the plaintiff in respect of the goods despatched through defendants 9 and 10. The details of the Lorry Receipts/goods Receipts were detailed in the plaint itself and these documents are already available on the record of the suit. Defendants 9 and 10, were informed of the dishonouring of the bills and they were called upon to preserve the goods. A notice under section 10 of the Carriers Act was also served on March 27, 1984.

(3.) IN the written statement filed by defendants 9 and 10, the issuance of Lorry Receipts/goods Receipts was denied by averring that these are false and fabricated. It was the case of these defendants that the Lorry Receipts/goods Receipts did not bear the signatures of any of their authorised agents and the goods were never banded over to them against these receipts. The receipt of notice under section 10 of the Carriers Act was also denied.