Responsibility of Carrier ceases by the technical discharge of goods from the ship to the Port Trust.

This is an appeal from the judgment and decree of this Court under its Original Jurisdiction dismissing the suit, C.S. No. 97 of 1956. The Union of India instituted the suit, originally against four defendants, claiming a sum of Rs. 66,491-11-5 on account of loss and damage in respect of a consignment of British refined Granulated Sugar consisting of 90,799 bags, each bag Weighing two cwt., the total weight being T. 9,097-18-0-0 loaded at the Port of London and deliverable at the Port of Madras, J. V. Drake & Company the third defendant Were the shippers and the Maritime Shipping and Trading Company Limited the owners of the ship, the S.S. ‘Indore’ which carried the cargo. The first defendant in the suit chartered the ship on the 4th April, 1955 (Exhibit D-1) is the charter party) specifically for a full complete cargo of refined sugar in bags not exceeding 9,450 long tons net nor less than 9,000 long tons net for carriage to’ Madras. On the very day the third defendant in the suit, the shippers, sub-chartered the ship for the carriage of the sugar. The goods Were taken’ aboard at London on 22nd September, 1955, Exhibit D-3 being the relative bill of lading. The ship arrived at Madras on 19th October, 1955 and it commenced to discharge the cargo on 27th October, 1955 and the discharge of the cargo Was completed, it is stated, on 8th November, 1955. According to the plaintiff, there was shortlanding of 414 bags of sugar weighing T. 41-8-0-0 as per bill of lading. The plaintiff also complained that 6,807 bags Were discharged in a bad, slack, cut and torn condition and 747 bags of sugar were sweat-stained and damaged making the sugar unfit for use. The shortage in the Weight in respect of the slack, cut and torn and sweat-stained bags was estimated at T. 86-13-3-4. There was a survey with reference to the 7,554 bags in slack, cut and torn condition or sweat-stained and as against this it was stated, there were available 420 bags of ship-sweepings and 521 bags of shed-sweepings giving a Weight of T. 76-12-2-25. In the plaint as framed the claim; is laid against the first defendant as “disponent owners” and carriers of the steamer. The second defendant-company was impleaded as the agents of the first defendant. The third defendant-company was impleaded as charterers and the fourth defendant as the agents of the third defendant. The first defendant, who are a company incorporated in England, in their written statement denied that they were ‘disponent owners’ or carriers of the steamer and referred to the Maritime Shipping and Trading Company Limited, London, as the owners of the vessel, S.S. ‘Indore’ from whom the first defendant chartered the ship under charter party dated 4th April, 1955. It was pleaded that the charter referred to was only a voyage charter and not a charter by demise and that the charterers had no control or possession of the vessel and the Master and the crew of the vessel Were the servants and agents of the owners of the Vessel. The first defendant referred to the sub-charter entered into with the shippers the third defendant on identical terms and pointed out that the bill of lading was signed by the Master of the vessel as the agent of the owners thereof. While, thus denying all liability for the loss and damage, on the merits also there was traverse of the allegation that the consignment of tons 9,079-12-0-0 was received on board at London in good order and condition. There was a denial of the charge of negligence and lack of due care and diligence in loading, handling, stowing, carrying, keeping or caring for the consignment and, as regards the short-landing, it was pointed out that the entire quantity had been landed at the Port of Madras. It was stated that in fact, there was an additional 11 bags landed and if there was any short delivery the matter was one for settlement between the plaintiff and the Madras Port Trust. ‘The second defendant, the agents of the first defendant while adopting