( 1 ) AGGRIEVED by the Judgment and Decree in Civil Suit No. 148-B/95 passed by IX Additional District Judge, Jabalpur, in the case of M. P. Electricity Board v. Nav Bharat Corporation, Bombay, the defendant appellant has preferred this appeal under Section 96 of the CPC.

( 2 ) IT is not in dispute that appellant was duly authorized agent of the respondent to unload the goods imported by the plaintiff/respondent. The appellant was also authorized to send the goods to different places as directed by the plaintiff/respondent. It is also admitted that the appellant was to unload the goods at Port Bombay and other ports like Kandla, Calcutta, Madras and Cochin also.

( 3 ) THE case of the plaintiff in substance is as under:as per the directions of the plaintiff/non-applicant, the defendant/appellant out of 781. 0706 MT of steel material imported through vessel Jiao Chung, 119 MT material was not delivered by the defendant to the plaintiff due to his gross negligence and wilful misconduct. A part of it was wrongfully withheld and misappropriated by the defendants agent M/s Gopal and Kumar Pvt. Ltd. , Calcutta and the other part of 47 bundles could not be delivered to the plaintiff due to

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