N.SATHISH KUMAR
Kone Elevator India Pvt. Ltd. – Appellant
Versus
Transport Corporation of India – Respondent
N. Sathish Kumar, J.
1. Aggrieved over the decree and judgment of the learned principal District Judge Thiruvallur. O.S. No. 06/2006, decreeing suit against the defendant for a sum of Rs. 9,78,319/- together with interest at 6% per annum. The defendant has preferred the present appeal.
2. For the sake of convenience the parties are referred as a plaintiff and defendant. The brief facts of the plaintiff case is as follows.
The plaintiff is a company carrying on business in transport as common carrier. The defendant is also a company carrying on business in the manufacture of elevators and other allied parts at Ayanambakkam, Ambathur Taluk. The defendant used to engage the service of the plaintiff for transporting their consignment to various places in India and in Nepal. After mutual consultations a broad agreement was arrived between the plaintiff and the defendant with reference to the rates of the freight charges, the mode of payment, the documents to be furnished by the consignor to accompany the consignment lorries, the duration of transport to various destinations, the responsibility of the transporter in respect of the consignment and other connected matters concerning
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