BHILWARA SYNTHETICS LTD Vs. CARRYCO ROAD CARRIERS

JUDGEMENT

(1.) This appeal is directed against the order of the learned District Forum, Bhilwara dated 3.8.1995 whereby the complaint filed by the appellant M/s. Bhilwara Synthetics Ltd. , Bhilwara has been dismissed with a direction that he could seek his remedy against M/s. Khanna Textiles, Dhanbad (consignee) by approaching competent Court.

(2.) We heard the learned Counsel for the parties and have carefully gone through the material available on the record.

(3.) Facts not largely in dispute are that the appellant M/s. Bhilwara Synthetics Ltd. had supplied cloth detailed in Schedule A of the complaint as per orders received from M/s. Khanna Textiles, Dhanbad. These goods were handed over to the respondents M/s. Carryco Road Carriers for delivery to the purchaser (consignee) after production of the documents issued by the Bank. The dispute arose between the parties when the goods were delivered to the consignee M/s. Khanna Textiles, Dhanbad without obtaining the papers of the Bank and such documents were received back by the appellant without payment of consideration. The appellant feeling aggrieved and alleging deficiency in rendering service on the part of the respondents approached the learned District Forum to claim the value of goods amounting to Rs.4,50,233/- with interest @ 24% p. a. besides claiming compensation as detailed in the complaint.