Judgment

K. N. SAIKIA

( 1 ) THIS defendants appeal by special leave is from the judgment and decree dated 16/02/1976 of the High court of Kerala at Ernakulam, affirming the judgment and decree of the Subordinate Judge, Cochin in O. S. No. 18 of 1969 Filed by the plaintiff respondent.

( 2 ) THE appellant is a Company incorporated in England carrying on the business of carriage of goods by sea and M/s Madura Company h Private Ltd. is its agent at the port of Cochin. The respondent is an incorporated company having its registered office at Bombay carrying on the business of import, export and manufacturing cashewnuts in Quilon and other places.

( 3 ) ON 10/12/1967, the respondent purchased 100 tons of raw cash accounts from M/s Amiraly Miraly Nurmamade, Nampula, under acontract dated 10/12/1967 at the rate off 81 per ton c. i. f. Cochin Port. For shipment of the cargo the appellant entered into a contract of affreightment with the seller evidenced by a clean bill of lading dated a 6/02/1968 for 100 tons i. e. 1270 bags of raw cash accents to be shipped from the port of Nacala in S. S. Ardrossmore to be delivered to the consignees at the port of Cochin. After shipment the seller drew dem