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1959 Supreme(Bom) 125

B.N.GOKHALE
The Scindia Steam Navigation Co. Ltd. – Appellant
Versus
Ismain Lohmed Batatawal and Anr – Respondent


JUDGMENT - (1) This is a revision filed by original defendant No. 1 Company against the decree directing it to pay an amount of Rs. 1,256-9-0 and professional costs to opponent No. 1 - original plaintiffs. Theplaintiffs are inion and potato merchants. On 3rd June 1952 they shipped 91 bags of onion by S. S. Jal Rajendra to Karachi on a bill of lading, The bill of lading was sent to the Habib Bank Ltd. at Karachi. According to plaintiffs, opponent No. 2 Messrs sargodha Traders were to get this bill of lading released from the bank on payment of the amount in respect of the price of the goods so shipped. Opponent No. 2 was mentioned as the notified party in the bill of lading. On 6th July 1952 the goods, it appears,arrived at karachi and defendant No. 1 petitioner, which is the Steasship Company owning S. S. Jal Rajendra delivered to opponent No. 2 (original defendant No. 2) the 91 bags of onion on 21st July 1952, on production of all documents, except the bill of lading. As the bill of lading was not produced, opponent No. 2 gave a personal security and deposited an amount of Rs. 500/- in cash with the petitioner steamship Company. According to the plaintiffs this action of the petit













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