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2004 Supreme(Mad) 1066

M.THANIKACHALAM, M.KARPAGAVINAYAGAM
Patel Roadways Ltd. , (formerly Patel Roadways Private Ltd. ) – Appellant
Versus
Seshasayee Industries Ltd. & Another – Respondent


Advocates Appeared: For The Appellant :J. Anitha Jose Ukkur, Advocate. For The Respondents:Nageswaran, Advocate.

Judgment :-

M. Thanikachalam, J.

This judgment shall dispose of the above two appeals.

2. The defendant in O.S.No.52/1987 and O.S.No.263/87, on the file of the Sub Court, Cuddalore, having suffered two decrees, for payment of amounts, has preferred these two appeals, separately.

In this Judgment, the parties are referred as arrayed in the original suits.

A.S.No.47 of 1990

3. The facts leading to the case, necessary for the disposal of the appeal.

(a) The respondents in this appeal as plaintiffs had filed the suit (O.S.No.263/87), for recovery of a sum of Rs.48,162.67 with interest thereon at 9% per annum, from the defendant/appellant from the date of plaint till the payment.

(b) According to the plaintiffs, the first plaintiff who had sold 54 numbers of 132 KV Polycone Insulators to the Uttar Pradesh State Electricity Board, for a sum of Rs.1,66,599.07, consigned the goods in a securely packed wooden crates through the defendant Roadways at Vadalur on 26.11.1984, for safe carriage and delivery to the consignee at Chandausi, Moradabad District. The consignment was insured by the first plaintiff with the second plaintiff. The defendant-carrier after an unduly long and unexplained delay of





























































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