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CALCUTTA HIGH COURT
Shyamal Kumar Sen, J.
Minerals and Metals Trading Corporation of India Ltd. v. Shipping Corporation of India Ltd.
| Table of Content |
|---|
| 1. application for dismissal based on non-delivery of cargo. (Para 1 , 2 , 3) |
| 2. statutory period of one year for filing suits under relevant act. (Para 4 , 5) |
| 3. total extinction of liability applies after statutory period. (Para 6 , 9 , 10) |
| 4. references to case laws affirming court's conclusion. (Para 7 , 8 , 12 , 13) |
| 5. court's ruling allowing the application. (Para 14 , 15 , 16) |
1. This is an application by the Shipping Corporation of India Limited, the defendant in the above suit for an order that the above suit be dismissed.
2. It is the case of the petitioner that it appears from the plaint that the cause of action of the plaintiff is based on non-delivery and/or short landing of 28 pieces of tin-ingots stated to have been carried by the vessel, M.V. Vishava Madhuri (hereinafter called as the said vessel) under the Bill of Lading No. S/CAL/5 dt. Jan. 7, 1984. According to the plaintiff, the said vessel arrived at the Port of Calcutta on Jan. 27, 1984 and that a Steamer Survey was conducted on Feb. 3, 1984 and upon such survey a quantity of 28 pieces of tin-ingots was found short.
3. It is the further case in the plaint that the Calcutta Port Trust has issued a shor
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