JUDGMENT :

Valmiki J. Mehta, J.

RFA No. 398/2006 and C.M. Appl. No. 9186/2006 (for stay)

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant no. 1 in the suit impugning the Judgment of the trial court dated 03.03.2006 by which the trial court has decreed the suit filed by the respondent no. 1/ plaintiff/subrogee insurance company for an amount of Rs.10,56,347/- along with interest at 6% per annum on account of loss of goods being tin ingots, which were taken in transit for shipment by the appellant/defendant no. 1 from Bombay Port to Internal Container Depot (hereinafter 'ICD') Tuglakabad, New Delhi. The claim filed by the respondent no. 1/plaintiff is with respect to a delivery shortage of 4350 kgs of tin ingots.

2. The facts of the case are that respondent no. 1/plaintiff filed the subject suit pleading that the respondent no. 2/defendant no. 2/MMTC had shipped its consignment of tin ingots and this consignment was insured with the respondent no. 1/plaintiff vide Insurance Policy dated 12.10.1995 for a sum of Rs. 2,40,00,000/-. The consignment was kept in container No. UACU 2963769/20, which was originally dispatched form