RIVERS STEAM NAVIGATION CO LTD Vs. BISWESWAR KUNDU

JUDGEMENT

(1.) The Rivers Steam Navigation Co. Ltd. and the India General Navigation and Railway Co. Ltd. have obtained this Rule to show cause why the decree passed against them by the Small Cause Court Judge of Khulna should not be set aside.

(2.) Mulji Sicka and Co. dispatched six bags of mohini biri on 15 August 1925 from Jagannath Ghat to Khulna for carriage by the dispatch service of the two companies. The consignment was deliverable to Bisweswar Kundu who not having received the same instituted the suit claiming Rs. 380, which was made up of Rs. 314-8-0 as the price of goods, Rs. 31, as damages at 10 per cent., and Rs. 36, as interest, deducting a remission of Rs. 1-8-0 from the total. The suit has been decreed in full with costs.

(3.) The grounds urged in support of the Rule are mainly four. To deal with these grounds it is necessary to set out a few facts, which are not disputed. Enquiries were made about the goods on behalf of the plaintiff and the plaintiff not having received delivery thereof wrote a letter to the agents of the companies at Barisal who sent the following reply: Rivers Steam Navigation Co. Ltd.(Incorporated in England) India General Navigation and Ry. Co. Ltd. (Incorporated in England) Barisal...Agency5 September, 1925. No. C. Mis. 29/25/15525. Babu Biseswar Kundu, Merchant, Khulna Bazar, Khulna. Dear Sir, Khulna theft case. J. Ghat to Khulna Ghat. Inv. No. 1935/35 of 15 August 1925. Your letter of 2 September, 1925. In reference to your above, we inform you that the matter is under enquiry and the result will be intimated to you in due course. Yours faithfully,Pro. Macneill & Co. Sd/- Mitchel, Joint Agents.