1. This appeal has been preferred by the unsuccessful defendant against the judgment and decree dated 01.08.2003 made in O.S.No.6784 of 2000, on the file of the Learned Additional District Judge, Fast Track Court-V, Chennai.

2. Thefollowing are the averments in the plaint succinctly stated:

2.1. The defendant is an exporter. The first plaintiff is the shipping agent of the defendant. The defendant shipped STC 137 Cartones of Mens L/s. shirts to Gothenburg, Sweden under the bill of lading No.MA 812734 dated 30.08.1998 through the vessel “Orient Independence” V-123 sailed from Chennai on 16.09.1998 and arrived at Colombo on 18.09.1998 and was awaiting transshipment by another vessel, namely, “Ever Glory” V-79 ETA. The said vessel was scheduled to carry the cargo from Colombo to Gothenburg, Sweden. While so, due to the accident, it was detained at Singapore and hence, it could not touch Colombo.

2.2. Due to some reasons, there was a delay in transshipment, as a result of which, the first plaintiff wanted it to be airlifted. By letter, dated 05.10.1998, the defendant undertook that all the necessary charges at Colombo will be made by them through their buyer. On request by