1,284/as per bill enclosed and the short delivery certificate issued to him.
been preferred on October 24, 1945 enclosing the plaintiffs bill.
Appeal from the judgment and decree dated June 9, 1961 of the Calcutta High Court in Appeal from Original Decree No.
This letter was replied to by the Secretary, Railway Board on November 27, 1945 to the effect that the plaintiffs letter had been for warded for disposal to the General Manager, Bengal and Assam Railway.
The plaintiff also wrote a letter to the Governor General in Council on February 14, 1946 giving full particulars about the two invoices and the railway receipts companyering the companysignments despatched on September 24, 1945 and mentioning further that a claim had.
The appellant was entitled to delivery of two lots of goods booked at Sealdah, Calcutta on June 9, 1945 and September 24, 1945 respectively.
The relevant facts are as follows.
12,742 7 4 as per the short delivery certificate of October 10, 1945.
The appellant wrote a letter to the Chief Commercial Manager Claims and Refunds of the Bengal and Assam Railway at No.
A. Seyid Muhammad, K. L. Hathi and R. N. Sachthey, for the respondent.
C. Misra and S. S. Shukla for the appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
They were to be transported by Bengal and Assam Railway owned by the State and having its Head Office at the relevant time at No.
133 1 c of the Constitution of India from a judgment and decree of the High Court of Calcutta companyfirming a decree of dismissal of the suit of the appellant herein instituted in the companyrt of the Subordinate Judge, 8th Court at Alipore, District 24 Parganas, West Bengal.
In respect of the second lot of goods, the plaintiff made a similar claim to the Chief Conmercial Manager of Rs.
3 Koilaghat Street on August 11, 1945 claiming the value of the goods short delivered i.e. Rs.
The goods were for delivery at Cooch Behar.
In respect of the first lot, there was a short delivery of 104 umbrellas and a certificate of shortage was issued to the plaintiff on July 20, 1945.
133 of 1956.
The Judgment of the Court was delivered by Mitter, J. This is an appeal by certificate under Art.
3 Koilaghat Street, Calcutta.
577 of 1965.
On November 12, 1945 the plaintiff sent a letter to the Governor General in Council representing the Bengal and Assam Railway through the Secretary, Government of India, New Delhi giving full particulars of the claim and stating that the Chief Commer cial Manager had already been approached for payment.
