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1978 Supreme(AP) 117

CHENNAKESAVA REDDY
TAJ EASTERN STEAMSHIP COMPANY ALSO KNOWN AS FESCO LIVER, VLADIVOSTOK CARRYING A BUSINESS AT KAKINADA THROUGH THEIR AGENTS M/s D. S NARAYANA and CO. , KAKINADA – Appellant
Versus
KOIKA TRADING CO. , Ltd. , COMPANY INCORPORATED IN JAPAN HAVING THEIR OFFICE IN OSAKA, JAPAN – Respondent


CHENNAKESAV REDDY, J.

( 1 ) THE Far Eastern Steamship Company, also known as Fesco Lines, vladivostok, carrying on business at Kakinada through their agents M/s D. S. Narayana and Company, Kakinada, the defendants in the suit O. S. No. 267 of 1972 oa the hle of the Court of the Subordrnate Judge, Kakinada, are the petitioner. The first plaintiff in the suit are Koika Trading Company Ltd. , osaka, Japan and second and third plaintiffs are New India Assurance company Limited, Bombay and Aspinwall and Company Limited, Cochin and Kakinada. The defendants are a steamship company incorporated in u. S. S. R. and carry on business as common carriers by sea and carry forward goods inter alia from ports in India to Japan. The defendants are the owners and/or charters of the ship, "m. Koly Mygotin", hereinafter referred to as the ship at all material times. The first plaintiffs are a Limited Company incorporated in Japan and carry on business as importers and exporters having their head office at Osaka, Japan. The plaintiffs filed the suit against the defendants for recovery of Rs. 58,8o6-33 ps. being the value of 3s9 bales of palmyrah fibre delivered by the defendants in a rotten condition.




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