M.P.KANODE, R.S.BHONSALE
ROAD TRANSPORT CORPORATION – Appellant
Versus
KIRLOSKAR BROTHERS LIMITED – Respondent
BHONSALE J.- This appeal is preferred by original defendants challenging the jugdment and decree passed by the learned Civil Judge, Senior Division, Sangli, decreeing the plaintiff's suit for recovery of the amount of Rs. 16,252.06 together with, interest at 6% per annum from the date of the suit till the date of realisation and also awarding the costs of the suit from the defendants.
2. The facts leading to the filing of the suit by the plaintiffs in the trial Court are as under Plaintiff No.1 is a well known manufacturer of farm machinery and pumps in India and plaintiff No.2 is an Insurance Company registered under the Indian Companies Act. The defendants inter alia carryon business of transporting for hire, goods in their vehicles from one place to another all Over the country and are common carriers within the meaning of Carriers Act III of 1865.
One National Pipes and Tubes Co. Ltd., at Calcutta was instructed by plaintiff No. 1 to supply high-tensile brass rods of various descriptions, sizes, quantities and values mentioned in the various orders placed by the plaintiffs in the said company. Plaintiff No.1 also instructed the said National Pipes and Tubes Co. Ltd., t
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