JUDGMENT :

Prayer : Appeal Suit filed under Section 96 read with Order 41 Rule 1 of Civil Procedure Code against the judgment and decree, dated 15.12.2014 passed in O.S.No.51 of 2010 on the file the Court of the learned III Additional District-cum-Sessions Judge, Salem.

A. The Appeal Suit :

This Appeal Suit is filed against the judgment and decree, dated 15.12.2014 in O.S.No.51 of 2010, in and by which, the suit filed by the plaintiff for recovery of a sum of Rs.21,98,825/-, being the transport charges for transporting the minerals (Tundhish Mass, E.B.T Mass, Graded Olivine Sand) of the defendant from Salem to Bhilai (Chandigarh) and Belphar (Orissa), was dismissed by the Trial Court.

B. The Plaint :

2. The case of the plaintiff is that the plaintiff is a Logistics Transport Company, involved in arranging for transport of various kinds of goods. Upon the order of the customers, the plaintiff, by their own vehicles and also by vehicles arranged by them, transport materials on charges. While so, the plaintiff and the defendant entered into a letter of understanding, dated 24.04.2008 for providing Trucks for transport of Tundhish Mass, E.B.T Mass, Graded Olivine Sand) of the defendant from