UNION OF INDIA Vs. ARUNODAYA UDYOG P LTD

JUDGEMENT

(1.) THIS appeal has been filed by the Union of India as owner of North East Frontier Railway Administration against the judgment and decree dated 2nd January, 1979 passed by the Subordinate Judge, Araria, in Money Suit No.83 of 1973. The suit was filed by the plaintiff -respondent for realisation of Rs. 60,995/ - from the defendant/appellant on account of short delivery of 1109 kg. of stainless steel to the plaintiff.

(2.) THE case of the plaintiff, in short, is that it has a stainless steel factory located at Sirat Nagar. It is alleged that 62 cases of stainless steel were imported from Japan which reached Calcutta Port in sound condition and thereafter. the consignment was booked from Calcutta Port (Kiderpur Docks) by the clearing Agent of the plaintiff to Jogbani Railways Station under R/R no. 472862 dated 4.9.1970, in a proper and securely packed condition. At the time of delivery at Jogbani Railways Station, there were shortage of 1109 Kg. of stainless steel and, therefore, a certificate of damage and shortage was granted by the Station Master of Jogbani Railway Station in favour of the plaintiff on 27.10.70. It is alleged that the said shortage occurred during transit when the consignment was under the care and custody of the Railway administration and the shortage was due to gross negligence, misconduct and carelessness of the Railway servant. The plaintiff, thus, has claimed compensation at the prevalent market rate of Rs. 55/ - per Kg. Notice under section 78 of the Indian Railways Act and section 80 C.P.C. were validly served on the Railway authorities.

(3.) IN the written statement filed on behalf of the Union of India -defendant -appellant, it is contended that the consignment as booked by the sender at the forwarding station without adhering to the prescribed packing condition and the shortage of the goods, if any, was due to non -observance of the packing condition. It is further alleged by the defendant -appellant that the weight shown in the Railway receipt is not an admission of the actual weight said to have been booked and the short certificate, issued at the destination station was without prejudice. The price or quantity of the goods and its market rate are not admitted as the consignment contained foreign steal.