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1998 Supreme(Ker) 128

N.DHINAKAR, D.SREEDEVI
Scindia Steam Navigation Co. Ltd. – Appellant
Versus
Union of India – Respondent


Judgment :-

D. Sreedevi, J.

This appeal is directed against the decree and judgment in O.S. No. 55 of 1978 of the Sub Court, Kochi. The defendant is the appellant.

2. The facts for the purpose of this appeal are these: The first plaintiff shipped on board the vessel S.S. Jaladuta, which belonged to the defendant-appellant, 11830 MT of muriate of potash "clean on board" at the Port of Illyichevak for discharge in one port of India, as per bill of lading, Ext. Al dated 13.2.1977. The first plaintiff, who is the first respondent herein, wanted 5000 tons of the said goods to be discharged at the Port of Kandla and the remaining goods at the port of Cochin. The loading was done into the ship's hatches in bulk by the shipper and the bill of lading states, among other things, that "measurement, weight, quality, brand, condition, quality, contends and value as declared by the shipper, but unknown to the carrier". The unloading of the goods at the Port of discharge was admittedly the shipper's responsibility. The second plaintiff, who is the second respondent herein, is the first plaintiffs agent to arrange for unloading of the goods and taking delivery of the same at both the Ports.

3. The ve
























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