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KRISHNA RAO
Dalgreen Agro Pvt. Ltd. – Appellant
Versus
Shaikh Asadur Rahman – Respondent
JUDGMENT :
KRISHNA RAO, J.
The plaintiff has filed the present suit against the defendants praying for a decree for a sum of US $428500 along with interest and pendent lite interest at the rate of 18% per annum and further interest at the rate of 18% per annum from due dates of payment of the Letters of Credit, or in the alternative decree for Rs. 4 Crores as damages.
CASE OF THE PLAINTIFF:
1. The plaintiff is a Company incorporated under the provisions of Companies Act, 1956 and is engaged in several businesses including trading and exports of agriculture products. The defendant no. 1 is a businessman who is carrying on the business at Bangladesh. The defendant no. 1 is an importer of agriculture products and he functions through various agents including the defendant nos. 2 and 3. The defendant no. 2 carries on business under the name and style of Mamun Brothers as Sole Proprietor at Bangladesh. The defendant no. 3 carries on business under the name and style of Shad Enterprises as a Sole Proprietor at Bangladesh. The defendant nos. 4 and 5 are the community brokers acting in tandem from the office of the defendant no. 5 at Kolkata. The defendant nos. 4 and 5 carry on business throug
The main legal point established in the judgment is the liability of the defendants to pay interest on delayed payment as per the terms of UCP-600, specifically citing Article 14(6) and Article 16(ii....
Bills of lading must be surrendered for delivery of goods, constituting a breach of contract of carriage if not, establishing liability on the carrier for non-payment.
The respondent must prove the existence of a special business practice, and mis-description in the plaint does not necessarily result in non-suit.
Failure to proceed with a suit and challenge a counterclaim can result in a judgment in favor of the defendant.
Allegations of fraud can extend the limitation period for claims under the Carriage of Goods by Sea Act, permitting suits within three years if filed after discovery of such fraud.
The main legal point established in the judgment is that the carrier was not liable for the delivery of goods without the consignee copy of 'Goods Consignments Notes' in the absence of an agreement o....
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