ROKDE GOODS GARAGE Vs. NATIONAL TEXTILES CORPORATION

JUDGEMENT

(1.) This appeal filed by Defendant No. 3 was admitted for hearing on 27.2.1989 on the following substantial question of law: Whether in view of the fact that the bale in question had been wrongly delivered to the Defendant No. 3 due to the negligent act of the Plaintiff-corporation itself, the first appellate court erred in law in directing the Defendant No. 3-Appellant to pay interest on the principle amount at the rate of 18% p.m.?

(2.) The brief facts are that the Plaintiff, Respondent No. 1 herein, filed a suit for recovery of Rs. 5,584.50 along with interest @ Rs. 1.50 p.m. from the date of filing of the suit till realization and the cost of the suit. The plaint allegations are that the Plaintiff's unit at Rajnandgaon, commonly known as Bengal Nagpur Cotton Mills, wrongly delivered one bale of cloth bearing No. C.B.906 to Defendant No. 3, Appellant herein, for its transportation on 12.4.1979. When this mistake was discovered on 29.7.1979, the Defendant No. 3 was asked to return the said bale. The said Defendant promised to return the bale but in due course, the said bale No. C.B.906 was not returned to the Plaintiff by the said Defendant nor it was delivered to the other road transport through which it was to be sent to its destination. Various correspondences between the parties took place and ultimately, after giving a notice dated 26.5.1980 the Plaintiff filed the suit for the above reliefs).

(3.) The Defendants denied the claim of the Plaintiff. The Defendant No. 3 in its separate written statement made averments that no such consignment bearing No. C.B.906 was received by its office arid by mistake its local worker had signed the delivery slip. It also took a defence that a requisite notice Under Section 10 of the Carriers Act was not served within a period of six months and the suit of the Plaintiff was not maintainable.