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CHANDRASHEKARAIAH, J.N.SRINIVASA MURTHY, RAMA ANANTH
BROWN AND BURK PHARMACEUTICALS PRIVATE LIMITED – Appellant
Versus
NATIONAL INSURANCE CO. LTD. – Respondent


Advocates:
Counsel for the Parties :
For the Complainant :Mr. D. Prabhakar, Advocate.
For the Opposite Party No. 1 :Mr. R.D. Kolekar, Advocate.
For the Opposite Party No. 2 : Served.

ORDER

Mr. Justice Chandrashekaraiah, President—The complainant is a manufacturer of pharmaceutical goods, i.e., drugs and medicines, for which they import raw-material such as “Sulphadoxine BP 80”. Accordingly, the complainant imported the above said raw-material in 40 drums of 25 kgs each in the vessel “S.S. Pacific Arrow PER S.S. Ocean Strenth V. 30A” under the Bill of Lading vide No. 310777100 dated 31.12.1990 from M/s. APC Pharmaceuticals and Chemicals Limited, Hongkong vide their Invoice No. INV 1680/90. The container of the cargo was destuffed fully at 20 ID(DPT) on 8th and 9th February, 1991. The clearing agents inspected the goods under the custom’s supervision and found only 25 drums out of 40 drums. Immediately thereafter the complainant issued a notice to the opposite party (for short, “O.P.”) No. 1 for untraced cargo on 18.2.1991. The said fact was intimated to O.P. No. 2. O.P. No. 1 called upon the complainant to furnish the certificate of survey held in Hongkong while boarding the raw-materials on ship on 31.12.1990. Immediately after the receipt of the said notice, the complainant furnished the certificate. O.P. No. 2 had also issued a short landing certificate dated

























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