S.KADER
E. I. D. Parry (India) Ltd. – Appellant
Versus
Far Eastern Marine Transport Co. Ltd. – Respondent
S.A. Kader, J.
1. This is a suit for damages of Rs. 1,98,369 with subsequent interest and costs for short-landing of goods. The Plaintiff is a body-corporate incorporated under the Indian Companies Act. The Plaintiff-Company entered into a contract with M/s. Patel Holdings Limited SDN/ BHD Malaysia for the import of Palm Olien Oil. In pursuance of the aforesaid agreement the Foreign Supplier shipped 1574 drums of the said Oil to Madras by the Vessel S.S.'SUN DUEX' belonging to the first defendant, whose local agent at Madras is the second defendant firm. The shipment of the goods was covered by the bills of Lading bearing Nos. PK/M 20 dated 30-8-1977 covering 259 drums and PK./M21 dated 30-8-1977 covering 1315 drums. The goods were insured against all risks including shortage with the third defendant-Insurance Company. The vessel arrived at Madras Harbour on 18-91977 and upon discharge of the cargo, it was found that in respect of the first consignment covered by Bill of Lading No. PK/M20, 45 out of 259 drums were short-landed and in respect of the second consignment covered by Bill of Lading No. PD/M 21, 80 out of 1315 drums short landed. The plaintiff was given by the Port
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