DOMINION OF INDIA Vs. DELHI REGISTERED STOCK HOLDERS

JUDGEMENT

(1.) This is an appeal by the Union of India against part of a decree which has been passed in favour of the respondent the Delhi Registered Slock Holders (Iron and Steel) Association Limited.

(2.) The suit was instituted in June, 1949 against the Government through the General Managers of the Bengal Nagpur Railway and East Indian Railway and the Chief Administrative Officer, East Punjab Railway, claiming Rs. 11,995/8/- on the allegation that a consignment consisting of 218 bundles of galvanised corrugated iron sheets had been despatched by rail by the Tata Iron and Steel Company Limited from Tata Nagar to the plaintiff Association at Delhi, and that no portion of the consignment had been delivered. The suit was instituted after consolidated notices dated the 15th of January, 1949 had been served on the appropriate officers of the three Railways concerned and the Secretary to the Ministry of Transport, Government of India, in which the full value of the consignment together with incidental expenses and interest was claimed and had failed to elicit any satisfaction.

(3.) After the suit had been dismissed in default and restored a written statement was filed on 30th of March, 1950 on behalf of the East Punjab Railway in which it was stated that the consignment had remained untraced because the wagon arrived without labels, but the contents of the wagon had been unloaded on the 6th of July, 1948 at Shakur Basti, where they were now available for delivery. Under orders of the Court delivery was taken and it was found that 92 bundles of the sheets were missing altogether and that the remaining 126 bundles were in a damaged and deteriorated condition. However, the plaintiff Association took delivery of the available goods and then filed an amended plaint in which the full value of the. 92 missing bundles was claimed along with damages for deterioration with regard to the bundles of which delivery had been taken and other incidental items, the total claim now being for Rs. 9,460/8/--. The suit was decreed to the extent of Rs. 8,098/12/6, representing Rs. 4,369/14/- as the value of the missing goods and Rs. 3,730/12/6 as damages for the deterioration in condition of the goods of which delivery was taken. The incidental items including Sales Tax and Interest were disallowed.