C.V.KARTHIKEYAN
Albert and Company Private Ltd. – Appellant
Versus
Food Corporation of India – Respondent
Mr. C.V. Karthikeyan, J.
The suit is filed seeking a judgment and decree directing the first defendant to pay the plaintiff a sum of Rs. 52,66,101.68/- together with interest at the rate of 18% per annum of Rs. 34,38,392.00 from the date of the plaint till the date of actual realization and for further direction against the defendant to pay the cost of the suit.
2. The plaint : The plaintiff company has been incorporated under the Companies Act, 1956, and is carrying on business in Stevedoring, Handling, Transportation, Clearance, Packing and Standardization of various cargoes. The first defendant is a Government of India Company, importing food grains and storing them in authorised warehouses in the country and making them available for distribution to the general public from time to time. The second defendant is an agent in respect of the Vessel M.V. Yick Wing, through which the cargo, which is the subject matter of the suit was transported and discharged in Tuticorin Port. At the outset, it must be mentioned that no relief has been claimed as against the second defendant, w
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