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2006 Supreme(Raj) 2170

VINEET KOTHARI
New India Assurance Company Ltd. (The) – Appellant
Versus
Prakash Pulverising Mills Pvt. Ltd. – Respondent


Advocates Appeared:
B.P. Agrawal, Sr. Advocate with R.P. Agrawal, for Appellant B.L. Mandhana, for Respondents

Honble KOTHARI, J.–Machiavelli in his noted work, ``The Prince said, ``It must be considered that there is nothing more difficult to carry out, not more doubtful of success, nor more dangerous to handle, than to initiate a new order of things.

(2). A case of Marine Insurance in desserts of Rajasthan evoked initial attraction of this Court but when the facts in a marshalled manner were shipped on the board of this Court, it revealed that respondent plaintiff M/s. Prakash Pulverising Mills Private Ltd. Company, imported 1600 bags of P.G. Red Oxide from M/s. Abdul Raza Jalaly of Bandar Abbas (Iran) for being transshipped from Iran to Mumbai and then were to be transported from Mumbai to Alwar in Rajasthan in the fateful ship ``Naran Pasa under its captain Qadir Hussan.

(3). A little more dive into the sea of facts would be appropriate to decide this first appeal arising out of Civil Original Suit No. 89/77 decreed in favour of plaintiff by the court of Shri S.R.Singh Bajwa, ADJ No. 1, Jaipur City, Jaipur on 31.3.1981. The said goods under Bill of Lading dated 20.5.1976, Ex. 8 and Invoice dated 23.5.1976, Ex. 7 were consigned by Mr. Abdul Raza Jalaly who informed the plaintiff respondent















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