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2008 Supreme(Mad) 1918

V.DHANAPALAN
Chendur Forgings (P) Ltd. – Appellant
Versus
Bhandari Interstate Carriers – Respondent


Advocates Appeared:
For the Appellant:Guruswaminathan for M/s. Nageswaran & Narichania, Advocates.
For the Respondent:S. Vijayakumar, Advocate.

Judgment :-

The unsuccessful defendant in the suit in O.S.No.1102 of 1989 has come up with this appeal challenging the judgment and decree dated 08.08.1994 on the file of the I Asst. Judge (I/C III Asst. Judge), City Civil Court, Madras.

2. The case of the respondent/plaintiff, as put forth before the Court below, is, as under:

The plaintiff is a partnership firm carrying on business as Carriers, fleet owners and transport contractors. The defendant approached the plaintiff from Faridabad to its factory at Madras. At the request of the defendant, the plaintiff agreed to accept the consignment and deliver it to the defendants factory at Madras. The consignment was entrusted to them at Faridabad by M/s. Ammettep Machine Tools Pvt. Ltd., to deliver it to the defendant at Madras vide L.R.No.483647 dated 06.06.1986. Since the truck met with an accident, a meeting was held and it was agreed that a crane would be engaged to lift the consignment from the accident spot. The defendant had also accepted to pay crane charges along with the freight charges at the time of taking delivery of consignment from the plaintiff. The consignment was delivered to the defendant on 11.08.1986 and its bill f
























































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