1. Plaintiff, a registered partnership firm, carries on business, inter alia, of import and export of dairy and agro products. Defendant is a registered Multimodal Transport Operator.

2. Sometime in March2007, one Agrizala Co. (Pte) Ltd, Singapore (Agrizala) had entered into a contract with plaintiff for supply of 780 m.t. of Indian White Crystal Sugar (“the goods”). This contract (Exh.23) provided rate for the goods at USD 320 per m.t. F.O.B. Nhava Sheva/JNPT. It was also agreed that Agrizala will negotiate the freight rate and pass the same to plaintiff basis that the contract be converted to C&F contract. In effect, Agrizala would identify the carrier through whom plaintiff will transport 780 m.t. of sugar. Agrizala has, it appears, wanted to negotiate the rates because Agrizala probably was in a better position to get a more competitive rate and thereby bring down its procurement cost. The payment term agreed was D/P at sight within 3 working days from any first class prime bank for full invoice value. The freight was to be paid by plaintiff at the rate which Agriz