IN

IN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

THE HIGH COURT OF JUDICATURE AT BOMBAY

THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY

ORDINARY

ORDINARY ORIGINAL CIVIL JURISDICTION.

ORIGINAL CIVIL JURISDICTION.

ORIGINAL CIVIL JURISDICTION.

SUIT NO. 1093 OF 1998.

Demosha Chemical

... Plaintiff

V/s.

M/s G. Dalabhai Carriers

... Defendant

Ms. Ratna Bhargawan for the Plaintiff.

None for the defendants.

CORAM

CORAM

CORAM : V.C.DAGA, J.

: V.C.DAGA, J.

: V.C.DAGA, J.

DATED

DATED

DATED : 19.1.2006.

: 19.1.2006.

: 19.1.2006.

P.C.

P.C.

P.C. : : :

----

----

----

.

Draft issues circulated by the plaintiff are

taken on record. Issues are settled. The corrected

issues shall be as under

1.

Whether the plaintiffs prove that

the defendant is a common carrier by road?

2.

Whether plaintiffs prove that the

consignment was in the custody of the

defendant?

3.

Whether the plaintiffs prove that

the acident/fire took place?

4.

Whether the

plaintiffs prov

negligence on the part of the defendant?

4A.

Whether the 2nd plaintiffs prove

having paid an amount of Rs.5,92,534/- to

the 1st plaintiff against execution of

letter of subrogation?

5.

Whether the plaintiffs prove that

the 1st plaintiff had given notice to

defendants as required under the Carriers

Act?

6.

Whether the

defendants pro

exclusive jurisdiction in favour of

Ahmedabad Court?

.7.

Whether the defendants are liable to

pay to the plaintiffs an amount of Rs.

5,92,534/-( Rupees Five lakhs ninety two

thousand five hundred and thirty four only)

along with 18% interest from the date of

fiing of the suit till realization?

8.

What order?

.

Partiesare directed to file documents in

support of their claim or defence as the case may

be, by next date of hearing.

.

In the meanwhile, it would be open for the

parties to exchange notices to admit or deny

documents.

.

S.O. after 3 weeks.

(V.C.DAGA,J.)

(V.C.DAGA,J.)

(V.C.DAGA,J.)