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2021 Supreme(Mad) 3127

N.SATHISH KUMAR
Freight Bridge Logistics Pvt. Ltd. – Appellant
Versus
A1 - Arsath Enterprises, Rep. by its Partner Mr. K. M. Humayun Kabeer – Respondent


Advocates Appeared:
For the Petitioner: Ms. Sharanya Vaidyanathan.
For the Respondent: D. Derrick Sam.

ORDER :

Challenge has been made against the award passed by the Sole Arbitrator directing the respondent, namely the petitioner herein to pay a sum of Rs.8,73,182/- as damages for the loss of 175 bales of textile and fancy items from their possession to the claimant with interest at 3% per annum from 19.05.2014 i.e. the date of Bill of Lading till the date of filing the claim on 22.06.2016 and thereafter at the rate of 6% till the date of payment.

2. Brief facts leading to filing of this petition is as follows :

The claimant is doing the business of exporting textiles and fancy items. They exported 283 packages containing textile and fancy items valued at Rs.28,075.5 USD, through the respondents on 19.05.2014 to Kualalampur, Malasia. The respondents issued Model Transport Document/Bill of Lading dated 19.05.2014. The goods were consolidated by the respondents and stuffed in a container. The goods were entrusted after customs clearance. The goods reached to the destination port on 25.05.2014. The agent at that port informed the claimant that there were only 108 packages as against 283 packages. Immediately, the claimant informed the respondents about their shipment. The first responden

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