R.L.NARASIMHAM, G.C.DAS
BALASORE TEXTILE DISTRIBUTORS ASSOCIATION – Appellant
Versus
INDIAN UNION (B. N. RLY. ) – Respondent
NARASIMHAM, C. J.
( 1 ) THIS is an appeal from the judgment of the Additional Subordinate Judge, Balasore, dismissing a suit brought by the appellant-plaintiff for recovery of compensation from the respondent --railway administration --for short delivery of goods. The plaintiff-appellant is a partnership firm.
( 2 ) ON 25-10-48 a consignment of 20 bales of cotton waste blankets was despatched by a firm in Bombay known as Sukhdeolal Ramnibas from Wadi Bandar addressed to the District Magistrate of Balasore, under Invoice No. 18 and R. R. No. 8117/58 dated 28-10-48 (Ext. A ). This was despatched in Wagon No. 5999 E. I. Railway which in due course arrived at Balasore. The R/r was handed over to the plaintiff by the District Magistrate and, on its production, the plaintiff obtained delivery of the consignment on 15-11-48 from the Goods Office of the Railway at Balasore. It was noticed, however, that 11 bales were missing from, the consignment. Thereupon, on 8-12-48 the plaintiff informed the Claims Officer, B, N. Railway, Calcutta about the non-delivery of the consignment and claimed compensation of Rs. 9031-11-0 (Ex. 3 ). The Railway acknowledged receipt of the claim; (Ex. 1 dated 1
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