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2024 Supreme(Mad) 928

R. SUBRAMANIAN, R. SAKTHIVEL
Binny Limited – Appellant
Versus
Bharat Fritz Werner Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.P.Valliappan Senior Counsel for Mr.N.Loganathan
For the Respondent: Mr.T.V.Suresh Kumar for M/s.Genicon & Associates, Mr.S.S.Sajeev Kesan

JUDGMENT :

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)

Prayer : Appeal filed under Section 96 of the Code of Civil Procedure, against the judgment and decree of the VII Additional City Civil Court at Chennai dated 28.03.2018 in O.S.No.5947 of 2015.

The 1st defendant is on appeal, aggrieved by the decree and judgment in O.S.No.5947 of 2015 on the file of the VII Additional City Civil Court, Chennai.

2. The said suit was launched by the 1st respondent herein seeking a decree for a sum of Rs.10,88,707/- with interest at 18% per annum from the date of plaint till date of realization towards damages to the goods belonging to the 1st respondent that were entrusted with the appellant herein, a Container Freight Station. The 2nd respondent herein, a General Insurance Company was impleaded, as the appellant had insured the said goods in its custody with the said Company.

3. Henceforth, the parties will be referred to as per their rank in the suit for the sake of convenience.

4. The plaintiff sued for damages contending that the goods imported by it were entrusted with the 1st defendant, a Container Freight Station for custody till such time the customs duty payable on the goods is

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