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1974 Supreme(Mad) 94

ISMAIL
Union of India – Appellant
Versus
Khandelwal Bros. (P) Ltd. – Respondent


JUDGMENT :- ISMAIL, J.

The defendants in O. S. 3931 of 1967 on the file of the City Civil Court, Madras, are the appellants herein. The first plaintiff-first respondent was a consignee of two consignments - one consisting of 175 pieces of M. S. black pipes 4" diameter and 88 pieces of G. I. pipes 3" diameter and the other consisting of 143 pieces of G. I. pipes 4" diameter and 148 pieces of G. I. pipes 2 " diameter, which were entrusted to the appellants herein for transportation from Sealdah to Royapuram under two railway receipts Nos. 822997 and 322998 dated 24-4-1964, one of which has been marked as Ex. B.2 when the goods were taken delivery of at Royapuram, there was a shortage of 26 Nos. of black pipes in the first consignment and 12 pieces of G. I. pipes 4" diameter in the second consignment, as evidenced by the shortage certificate, Ex. A.5 dated 10-7-1964. It is with reference to this shortage after issuing notice, the respondents instituted the suit for recovery of a sum of Rs. 3329-18 in respect of the first consignment and a sum of Rs. 1855-39 in respect of the second consignment. They also claimed interest at 6 per cent per annum from 10-7-1964.

2. The appellants herein r

























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