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Shipping Corpn. of India Ltd. Versus Shri Natesar Spinning & Weaving Mills Ltd.

2017 (1) TMI 1472 - MADRAS HIGH COURT

Acting contrary to the Bill of Lading - Held that: - there is no privity of contract between the plaintiff and the second respondent. Reliance made by the learned counsel for the appellant/defendant No. 1, on the Customs Act, 1962, does not help his case, as were not concerned with the authorisation qua a transhipment. On the contrary, it is a case of the violation of Terms of Contract by one party leading to a suit filed for damages based upon it. In the same way, the question of limitation wou .....

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, who suffered a decree along with defendant No. 2, is the appellant before this Court seeking to reverse the judgment and decree rendered by the Courts below, the present Second Appeal has been filed with the following substantial questions of law : A. What would be the responsibility of a carrier and when does his responsibility ceases, while carrying a FCL/FCL container under shipping terms? B. Can a carrier be held liable for the negligence of the consignee s agent while destuffing the conta .....

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vered the FCL/FCL container as per the Bill of Lading at the discharge port without any damages and with its seals intact? E. Can any damages which occurred due to the negligence of the consignee s agent while destuffing a container be fastened upon a carrier? F. Does the liability of a carrier in an FCL/FCL shipment extend beyond discharge/delivery of the stuffed and sealed container to the consignee at the discharge port? G. Can it be said that a carrier is liable to destuff an FCL/FCL contain .....

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machineries from Sweden to Chennai Port through the appellant/first defendant being the Sea Carrier. The Bill of Lading dated 19-8-1995 makes a specific mention about the payment being prepaid and clean on board. It also makes a mention that any transshipment on the part of the appellant/first defendant is not permissible. The appellant instead of discharging the cargo at Chennai Port, did the same at Mumbai Port. Thereafter, through the rails it was taken to the premises of defendant No. 2 for .....

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his regard and the version of DW2 s was also taken into consideration while granting the relief. The lower Appellate Court while finding no error in the judgment and decree rendered by the trial Court, proceeded to confirm the findings rendered and thus, dismissed the appeal. Challenging the same, the present appeal has been filed. 4. Learned counsel for the appellant would submit that as per the provisions contained under the Major Port Trusts Act, 1963 and under Section 63 of the Customs .....

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dian Carriage of Goods by Sea Act, 1925, it is submitted that the suit is barred by limitation. 5. Learned counsel for the respondent/plaintiffs submits that it is the case of acting contrary as found in the bill of lading dated 19-8-1995. Thus, coupled with the evidence of DW1 and DW2 would clearly show that it is the responsibility of the appellant/first defendant and therefore, the provisions of the Customs Act, 1962, the Major Port Trusts Act, 1963 and the Indian Carriage of Goods by Se .....

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