A carrier is liable for the loss of goods if it fails to issue a bill of lading.

S. U. KAMDAR, J.

( 1 ) THIS suit is filed in the admiralty jurisdiction of this court by the plaintiff for the recovery of US Dollars 57,860. 00 with further interest at the rate of 18% per annum on the principal amount of US Dollars 50,000/- as per the particulars of claim which is annexed at Exhibit F to the plaint. The said particulars of claim indicates that a sum of US Dollars 45,065. 00 is claimed towards the value of the goods in respect of Container no. 106397 (O) and further claim for other charges of US Dollars 6,309. 10 recoverable towards D. E. P. B. and interest for the period from 14. 4. 1998 to 27. 12. 1998.

( 2 ) SOME of the material facts of the present case briefly enumerated are as under :-

( 3 ) IN respect of the contract for export, the plaintiff was required to export the goods to one M/s. Asfeha Tewolde K/yesus (East African Blanket Plant, ethiopia) and for the said export the Commercial Bank of Ethiopia, Addis ababa, Ethiopia established an irrevocable letter of credit in favour of the plaintiff. Under the said letter of credit, it was inter alia provided that the shipment which was required to be effected not later than 20. 4. 1998. The said shipment was to be effected from any Indian Port to Assab Port, being the port of destination. The plaintiff thereafter approached the 3rd defendant who was acting as an agent of the 2nd defendant and was booking the cargo on the 1st defendant ship of which the 4th defendant is the owner. The plaintiff and the defendant No. 3 who was acting as an agent of the 2nd defendant who in turn was acting on behalf of the first and the fourth defendants for hire of the cargo on the said ship. Pursuant thereto, two containers bearing no. LMCU 106397 (O) and LMCU 106410 (7) were handed over to the plaintiffs for the purpose of stuffing. The plaintiff thereafter stuffed the goods i. e. 36 bales of yarn and binding ribbon in each container. Thus, the total goods in respect of the said two containers were around 72 bales of yarn and binding ribbon therein. M/s. Jupiter Shipping Agency was appointed as a clearing and forwarding agent who processed all the documents and other requirements as provided under the provisions of various statutes. A shipping bill was prepared for export of the said goods to the customs. After inspection the said goods were sealed by the Customs Authorities and the containers were handed over to the 3rd defendant for the purpose of shipping the same on the 1st defendant vessel on 7. 4. 1998. On receipt of the said container the 3rd defendant issued three mate receipts bearing No. 2905, 2906 and 2907 all dated 1. 4. 1998. The plaintiff also obtained a duly certified shipping bill indicating the shipment of the said goods on the 1st defendant vessel. After obtaining the mate receipt the plaintiff prepared various documents such as invoice containing the said container numbers, packing list, and other documents for the purpose of forwarding the same to the buyer to negotiate the same for clearing of the goods. One of the documents which was required for the purpose of taking delivery of the goods by the buyer at the port of destination was the bill of lading which was required to be issued by the 3rd defendant.

( 4 ) IT is the case of the plaintiff that the plaintiff approached the 3rd defendant for release of the bill of lading covering the shipment of the two containers against the mate receipt. However defendant No 3 insisted on payment of the charges firstly of outstanding arrears and secondly in respect of the suit consignment. It is the case of the plaintiff that pursuant thereto, the plaintiff issued two bankers' cheques one for Rs. 4,53,560/- covering the outstanding dues which were due and payable by the plaintiff to the 3rd defendant and another bankers' cheque for Rs. 1,52,700/- being the freight payable in respect of the shipment of the suit consignment. After handing over the said two drafts as also the mate receipts which were issued by