P.Sathasivam, J.: Defendants in O.S.No.9173 of 1984 on the file of Sixth Additional Judge, City Civil Court, Madras, are the appellants in the above appeal. The plaintiff/respondent herein-Union of India represented by Embarkation Commandant filed the said suit for recovery of a sum of Rs.82,320 together with interest at the rate of 12 per cent per annum from the date of plaint till date of realisation.

2. The case of the plaintiff is briefly stated hereunder:

The plaintiff was the consignee of two packages containing Electric Firing Units and Capacitors consigned to 29 ED Air Force Station, Bangalore. The above consignment was shipped in good order and condition by the High Commission of India, Supply Wing, India House, Aldwych, London WC 2. The consignment was shipped in apparent good order and condition from the Port of London to the Port of Madras by Vessel S.S. Vishva Siddhi which arrived at the Port of Madras on 17.8.1979. The consignment was covered under Bill of Lading No. IG-1 dated 22.6.1979. The Master of the Vessel S.S. Vishva Siddhi issued a clean Bill of Lading at the Port of London under IG-1 dated 22.6.1979 at the Port of London for having received the said consignment on Board the said Vessel. The Vessel S.S. Vishva Siddhi arrived at the Port of Madras on 17.9.1979. The goods were not cleared from the Vessel and it was found that the consignment referred to above, addressed to the plaintiff, was not landed. After a thorough search it was found that the consignment had not landed and on an application, the Madras Port Trust issued a certificate of shortlanding, namely, Certificate ‘B’ No.311/8 dated 17.9.1979/16.10.1979 to the effect that the consignment had not landed. Immediately the plaintiff preferred a Provisional Claim on 23.11.1979 with the second defendant, who is the agent of the first defendant. The plaintiff called upon the second defendant, the Steamer Agents of the first defendant to settle their claim in respect of the short landed consignments.

3. On 2.6.1980 the plaintiff preferred a regular claim Bill to the second defendant in respect of the Air Force Stores Shortlanded by the Vessel S.S. Vishva Siddhi which arrived at the Port of Madras, and requested them to settle the claim at an early date. The total value of the two packages, shortlanded, containing 28 Nos. Electrical Firing Unit and 50 Nos. Capacitors came to 13,260 Pounds equivalent to Rs.2,39,788.86. Since in spite of several reminders by way of communication, the short landed consignment was not settled by the defendants that too after prolonged correspondence, the plaintiff is forced to file the suit to recover the amounts.

4. The first defendant filed a written statement denying all the allegations contained in the plaint. It is stated that the suit is not maintainable as the same has become time barred under Article 3 Rule 6 of the Carriage of Goods by Sea Act. The subject Vessel M.V. Vishva Siddhi arrived at the Port of Madras on 17th August, 1979 and discharged cargo. Thus, the suit should have been filed on or before 17th August, 1980. However, the suit had been filed only after 7th November, 1984. Thus, the cause of action if any against the first defendant has become totally extinguished and the suit is liable to be dismissed.

5. Regarding merits it is stated that the first defendant was unaware of the contents, quality, nature, etc., of the cargo. As per the provisions of the Customs Act and Sec.42(2) of the Major Port Trusts Act, no vessel is permitted to discharge cargo and deliver the same directly to the consignee. The Madras Port Trust has been statutorily interposed to receive cargo from all vessels calling at the Port of Madras and deliver the same to the various consignees. The consignee can thereafter make claim only on the Port Trust for non-receipt of cargo and not on the carrier. In the instant case, the first defendant’s vessel landed all the cargo consigned for the Port of Madras. On an enquiry, the first defendant i

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