JUDGMENT

S.B. SINHA, J.—

1.Leave granted.

2.Application of the Indian Carriage of Goods by Sea Act, 1925 (for short “the Indian Act”) vis-`-vis the Japanese Carriage of Goods by Sea Act, 1992 (for short “the Japanese Act”) is in question in this appeal which arises out of a judgment and order dated 2.12.2004 passed by a Division Bench of the High Court of Judicature at Madras in OSA No. 247 of 2000 affirming the judgment and decree dated 7.03.2000 passed by a learned Single Judge thereof in CS No. 75 of 1996.

3.Appellant is an owner of a fleet of vessels. A consignment of six sets of Sub Assemblies for PC 650 H.E. was entrusted by the respondent No. 1 for carriage thereof from Kobe, Japan to Madras. It contained 16 packages. It arrived at the Port of Madras on 17.12.1994.

4.A part of the consignment was found in damaged condition. An inspection therefor was made. Some damage was noticed in five cases. On the premise that the damage of short delivery had been caused due to negligence on the part of the employees of the appellant, a suit was filed on the original side of the Madras High Court. Claim of damage, however, was therein confined to two cases only, viz., case Nos. 00002 and 0013