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2022 Supreme(Mad) 3891

S. S. SUNDAR
Thomas Verghese, Prop. Of M/s. Classic Roadways Bus – Appellant
Versus
Textile Dye Chem Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant : Mr. G. Sundaram.
For the Respondents: Mr. Guruswaminathan for M/s. Nageswaran & Narichania.

JUDGMENT :

(Prayer : Appeal suit filed under Section 96 of CPC and under Order 41 Rule 1 of CPC against the judgment and decree dated 25.10.2016 passed in OS.No.206/2014 on the file of the learned XV Additional Judge, City Civil Court, at Chennai.)

1. The defendant in the suit in OS.No.206/2014 on the file of the learned XV Additional Judge, City Civil Court, Chennai, is the appellant in the above Appeal.

2. Respondents are plaintiffs in the suit. The 1st plaintiff/1st respondent is a Private Limited Company incorporated under the Companies Act, 1956 and is the consignor. The 2nd plaintiff/2nd respondent is the Insurance Company.

3. The respondents have filed the suit for recovery of a sum of Rs.11,68,219/- towards short delivery of goods and damages from the appellant as a carrier with interest at the rate of 12% per annum from the date of suit till the date of realisation.

4. Brief facts that are set out in the plaint filed by the plaintiffs/respondents are as follows.

5. The 1st respondent/1st plaintiff during the course of their business, purchased Linear Alkyl Benzene from their supplier M/s.Nirma Limited, Baroda in Gujarat and entrusted the goods for consignment on 30.11.2010

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