SANJAY KISHAN KAUL, J.

( 1 ) THE plaintiff filed a suit for recovery of a sum of Rs. 60,25,112/- under the provisions of Order 37 of the Code of Civil Procedure, 1908 (hereinafter referred to as the said Code ) along with pendente lite and future interest. This claim is based on the conditions of Bill of Lading No. 1831279 dated 30. 9. 1998 and an agreement dated 21. 2. 2000.

( 2 ) PLAINTIFF No. 1 is a ship-liner engaged in transportation of goods/cargo in enclosed containers by sea. Plaintiff No. 2 is the agent of plaintiff No. 1 in India.

( 3 ) M/s Marmoles Ronimar, Spain approached the plaintiff No. 1 at their office in Spain with a request to carry consignment of rough marble slabs and blocks by twelve 20 containers for the defendant herein which was the notified party for the consignment. The plaintiff No. 1 carried the consignment to Mumbai, the port of discharge and the defendant was informed about the arrival of the cargo. The consignment had to be carried to Delhi at the request of defendant. There are stated to be certain disputes which arose between the defendant and the Customs authorities with the result that the cargo could not be cleared and the defendant even fil

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