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1976 Supreme(Cal) 96

SABYASACHI MUKHARJEE
UNION OF INDIA – Appellant
Versus
CHINOY CHABLANI – Respondent


Advocates Appeared:
H.DEV BURMAN, N.C.Roy Chowdhury, S.SARKAR, SUBRATA ROY CHAUDHURI

SABYASACHI MUKHARJI, J.

( 1 ) THIS is an application by Chinoy Chablani and Co. , a firm carrying on business in Calcutta. The petitioner is the defendant in Suit No. 14 of 1975. The said suit was instituted by the Union of India as the first plaintiff and the Food Corporation of India as the second plaintiff against the petitioner. The said suit was instituted on or about the 14th of January, 1975, claiming a decree for Rs. 73,285/ -. The case of the plaintiffs in the plaint is as follows: (a) 81,986 bags of Urea and 820 empty spare bags were shipped from Odessa in the U. S. S. R. to any port in India on a vessel "s. S. SUDGA" under a bill of lading issued by one Black Sea Steamship Co. , the owner of the said vessel, (b) The said Black Sea Steamship Co. . appears to be a concern of U. S. S. R. (c) With regard to the said shipment there was a total short-landing of Urea of 94. 785 m. t. which occurred due to the negligence and/or wrongful acts of the shippers and/or its employees and/or its agents. (d) The petitioner is an agent of the said Black Sea Steamship Company. (e) By reason of such short-landing the plaintiffs have suffered damages to the extent of Rs. 73,285. 00. The pa







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