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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
G.RADHA RANI
Patel Integrated Logistics Limited – Appellant
Versus
Vikkys Agrisciences Private Limited – Respondent
JUDGMENT :
G.RADHA RANI, J.
This appeal is filed by the appellant-defendant aggrieved by the judgment and decree dated 16.03.2018 in O.S No.638 of 2016 on the file of the IV Senior Civil Judge, City Civil Court, Hyderabad.
2. The respondent is the plaintiff.
3. For the sake of convenience, the parties are hereinafter referred as arrayed before the trial court.
4. The plaintiff filed the suit for recovery of money of Rs.14,00,000/- with interest at 12% per annum from the date of decree till realization with costs. The plaintiff contended that it was a private limited company doing the business of marketing and selling of seeds. It was having agents all over India for marketing the products and one of its marketing agent, by name, M/s. Om Sai Agro Marketing was located at Lucknow. During the course of its business, the plaintiff engaged the services of the defendant for transportation of products by its agents to Hyderabad and thus, four trucks load of agricultural seeds of maize were transported to Hyderabad on 16.07.2014, 17.07.2014, 23.07.2014 and 25.07.2014. The freight charges amounting to Rs.2,23,083/- was payable at the dispatch point. The said goods were delivered to the address o
The defendant had a right of lien over the goods for unpaid freight charges, justifying the withholding of delivery and limiting the plaintiff's recovery to the balance amount after deductions.
The main legal point established in the judgment is that the carrier was not liable for the delivery of goods without the consignee copy of 'Goods Consignments Notes' in the absence of an agreement o....
The carrier's liability for damages cannot be limited by an expired agreement, and negligence on the part of the carrier establishes full liability for the loss.
Section 10 of the Carriers Act requires notice of loss but does not apply to non-delivery claims; payment of freight does not negate liability for lost goods.
appellant/plaintiff became entitled to recovery of the price of the goods sold. In that view of the matter, there was no question of the appellant/plaintiff replacing any goods as they were entitled ....
The buyer cannot repudiate a contract after dispatch of goods unless evidence shows the goods were not as per specification; where title passed implies acceptance and obligation to pay.
The duty of the Plaintiff to maintain proper track records, invoices, delivery challans, vouchers, and other documentary proof in transportation business.
The liability of a common carrier for the loss or damage of property is absolute unless there is a special contract limiting the liability, and the burden of proving absence of negligence is on the c....
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