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2022 Supreme(Online)(Mad) 104206

MADRAS HIGH COURT
THOMAS VERGHESE – Appellant
Versus
M/S.TEXTILE DYE CHEM PVT – Respondent


J U D G M E N T

(1)The defendant in the suit in OS.No.206/2014 on the file of the learned XV Additional Judge, City Civil Court, Chennai, is the appellant in the above Appeal.

(2)Respondents are plaintiffs in the suit. The 1st plaintiff/1st respondent is a Private Limited Company incorporated under the Companies Act, 1956 and is the consignor. The 2nd plaintiff/2nd respondent is the Insurance Company.

(3)The respondents have filed the suit for recovery of a sum of Rs.11,68,219/- towards short delivery of goods and damages from the appellant as a carrier with interest at the rate of 12% per annum from the date of suit till the date of realisation.

(4)Brief facts that are set out in the plaint filed by the plaintiffs/respondents are as follows.

(5)The 1st respondent/1st plaintiff during the course of their business, purchased Linear Alkyl Benzene from their supplier M/s.Nirma Limited, Baroda in Gujarat and entrusted the goods for consignment on 30.11.2010 to their consignee, M/s.Srinivasa Chemical Enterprises at Thirubhuvanai [Pondicherry] through the defendant/appellant. The appellant issued their Lorry Receipt dated 30.11.2010 and undertook to carry and deliver the consignment in good c

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