( 1 ) A difference of opinion having arisen between my learned brothers Shree Nevaskar J. and Shri Shiv Dayal J. as to whether compensation could be properly awarded to the plaintiff appellants in this case, a reference has been made to me. Both the judges have held that in regard to the delivery of a consignment of goods to the consignee plaintiff, the Railway Administration, defendant respondent, was guilty of misconduct by the delay of 15 days, beyond the time in which in due course of their busi-ness they should have delivered them. The suit is for compensation for deterioration by fall in market during this interval; on the actual depreciation on account of the fall in price, there is no difference of opinion.

( 2 ) THE difference is that, on the one hand Shri Nevaskar J. applying the principles contained in Section 73 of the Indian Contract Act, holds that the depreciation in the value of the goods was neither a direct consequence of the delay on the part of the administration, nor was a consequence which both parties to the contract knew to be likely. Accordingly on the basis of the interpretation of Section 73 of the Contract Act by different High Courts he dec