Judgement

P. B. GAJENDRAGADKAR, J (for himself and Hidayatullah, J.): This appeal by a certificate issued by the Bombay High Court under Art 133 (1) (a) of the Constitution arises out of a suit initially filed on the Original Side of the Bombay High Court (Suit No. 232 of 1951) by the Bombay Steam Navigation Co. Ltd. (hereinafter called the B. S. N.), and the Eastern Steam Navigation Co. Ltd. (hereinafter called the E. S. N.), against the respondent, the Union of India to recover a sum of Rs. 64,499-6-0 by way of charges for carriage of logs of teakwood timber from the forests of Kanara to Karachi. A further sum of Rs. 445-4-0 was also claimed for storage charges of the said logs at Marmagoa. This latter claim was given up at the time of the hearing of the suit. The B. S. N. then merged in the Scindia Steam Navigation Co Ltd., and so the latter company came on the record in place of the B. S. N. This company is the first appellant before us. The E. S. N. was in liquidation and so its liquidators have joined the present litigation as plaintiff 2 and so they are appellant 2 in this Court.

2. The E. S. N. had a ship called Azadi. It appears that the B. S. N. looked after the business o