MISHRA, BAKTHAVATSALAM
India Steamship Co. Ltd. – Appellant
Versus
Steel Authority of India Ltd – Respondent
MISHRA, J.
The defendant, India Steamship Company Limited has appealed against a money decree. The plaintiff, Steel Authority of India Limited, successor-in-interest of Hindustan Steel Limited, filed the suit for the recovery of Rs. 2,25,798.33 with interest from the defendant/appellant. Admitted facts are that the plaintiff entered into a contract bearing No. A/T. 1117 dated 19th February 1974 with Mettelugiehande Gmbh, Berlin, for the supply of Prime CRCA Steel confirming to DIN 1623 St. 12-03 against their impo rt licence No./G/T/2397707/OR/46/H 35-36 dated 1.12.1972. The goods which were covered by the sellers invoice and packed in sheet metal boxes, 36 parcels in all, weighing 101.370 metric tonnes gross, were delivered to the vessel ‘Indian Tribune’ owned by the defendant, at Rustock (West Germany) for the destination Madras Vide Bill of Lading No. 1008/21 dated 11.2.1974. The vessel arrived at Madras Port on 6.6.1974, discharged part of the cargo and then left for Calcutta on or after 14.6.1974.
2. According to the plaintiff, the customs authorities on inspection found that many packets have no labels as well as markings were not according to the specifications; in
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