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2015 Supreme(Del) 433

JAYANT NATH
Shipping Corpn. of India – Appellant
Versus
Monica India – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff:Shantanu Sagar, Advocate
For the Defendants:R.K. Sonkiya, Advocate

JUDGMENT:-

1. The plaintiff has filed the present suit for recovery of Rs.83,29,000-/for alleged detention charges upto to the date of the filing of the suit. A decree is prayed for against defendants No. 1 to 5 to pay jointly and severally the said amount. Regarding defendant No.6, it is prayed that the suit be decreed against the said defendant for such amount as this court may think fit of the amount claimed.

2. As per the plaint the plaintiff is a Government owned shipping company. It is averred that defendant No.1 a firm imported consignments under three different Bills of Lading. Defendants No.2 to 5 were the partners of defendant No.1 on the date of import of the consignments. Defendant No.6 is UOI, the Collector of Customs.

3. The following consignments were shipped by the plaintiff on the request of defendant No. 1:-

(i) Consignment from Korea under Bill of Lading No.CBK-31 dated 28.12.1990 in the vessel “M/v Pamella-II” in six containers of 40 feet each and one container of 20 feet. The consignment arrived on 21/25.2.1991 and bill of entry was filed on 23.2.1991.

(ii) C


























































































































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