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, who has been joined in the plaint as a formal party.

3. It had been stated that the first defendant had issued tender notification in tender No.SPC/2(2)/DO-TTN/IMP. WHEAT/2006, dated 25.02.2006, for appointment of Stevedoring, Clearance, Handling Transport contractors at Tuticorin port, for which the plaintiff applied and obtained tender document under receipt no. 15651, dated 02.03.2006. It had been further stated that the cargo containing Wheat exported by M/s. Agrico Trade & Finance S.A., 7 Avenue Des Baumettes, Renes (Lausanne) GH-1020, Switzerland was sold in bulk to M/s. State Trading Corporation of India Limited. Subsequently, the State Trading Corporation of India had sold the Cargo to the first defendant on High Sea Sales Basis representing that the cargo contained 38,415.710 Mts of Wheat of Russian origin.

4. As stated above, the plaintiff participated in the tender for unloading and transportation of Wheat imported and available at the first defendant warehouse at Tuticorin Port. Tender of the plaintiff at the rate of Rs. 384/- per MT was accepted by the first defendant and the plaintiff was requested to furnish security deposit of Rs. 9,46,000/- of which Rs. 4.73,000/- was to be deposited in Cash and the balance amount of Rs. 4,73,000/- would be adjusted in the first bill. The plaintiff was asked to commence the work on 22.11.2006 itself.

5. The plaintiff stated that the Vessel M.V. Yick Wing was berthed at Tuticorin Port by 24.11.2006. Draft Survey Report was conducted and the total quantity was said to be Rs. 38,415.710 Mts. The plaintiff started the unloading of cargo on 24.11.2016. It had been stated that the unloading was carried out in the presence of officials of first defendant and representatives of the second defendant and there were no complaints of mis-handling. Subsequently, packing was performed by the plaintiff in the Port protected area in Tuticorin Port under the supervision of the officials of the defendants. Thereafter, the plaintiff bagged them in gunny bags and loaded them in wagons and vehicles for transporting to different places in Kerala, Bihar, West Bengal and Tamil Nadu. This was transported by road and thereafter by rail. The gunny bags were also supplied by the first defendant. It is the claim of the plaintiff that the empty gunny bag was weighing about 650 gms. In each gunny bag. plaintiff was instructed to pack 50 kgs of Wheat. Consequently, the total weight after packing the Wheat was 50.650 kgs. It had been stated by the plaintiffs that there was a loss of 200 grams per pack on account of spillages owing to improper side stitching. Consequently, the plaintiff stated that the actual weight of the wheat should be only 500 gms after unloading and discharge of cargo. It was found that the total quantity discharged