The appellants then sent telegrams to the Chief Commercial Superintendent and the General Manager, Eastern Railways on 6.10.1973.
He sent the Parcel Way Bill along with bank demand draft for a sum of Rs.
On 21.7.1973, the parcels were taken delivery of by one Sunil Dutta against the Parcel Way Bill produced by him, and against payment of all charges due to the Railways.
The defendants were also number liable for the fraud practised by the companysignor or the companysignee or their agents.
The appellant thereafter filed the present suit claiming from the Railways Rs.
In the meanwhile, the appellant again sent another letter on 31.10.1973 to the Divisional Superintendent, Eastern Railway, Howrah to return the Parcel Way Bill which had been sent by it to the Station Master, Azim Ganj and which the Station Master had forwarded to the said officer for action.
The Chief Commercial Superintendent acknowledged the numberice on 7.11.1973.
769/ to the State Bank of India at Jiaganj.
However, he did number reply to the appellant.
Along with the request, the appellant enclosed the original Parcel Way Bill endorsed in his favour and the General Forwarding Note duly signed, to enable the Station Master to rebook the goods to Karur.
The appellant then sent the said Parcel Way Bill and the demand draft to the State Bank of India, Jiaganj.
835434 of the same date.
He undertook to clear the demand draft by payment to the Bank and take the Parcel Way Bill from the Bank.
53,441.93 under Section 78 of the Indian Railways Act hereinafter referred to as the Act to the General Manager Claims , Eastern Railway, Calcutta and to the General Manager Claims , Southern Railway, Madras.
Thereafter, the appellant sent an Express telegram on 4.10.1973 which was followed by a letter of even date sent by registered post.
This letter was acknowledged by the Station Master, Azim Ganj on 18.9.1973.
On 9.10.1973, he also gave numberice of claim for Rs.
The companymunication also stated that the matter would be disposed of as soon as orders were received from the said officers.
To this letter also, there was numberreply from the said officer.
The State Bank of India sent back the demand draft and the Parcel Way Bill to the appellant on 12.9.1973 for the reason that the payment was number forthcoming.
52,672.93 being the price of the goods supplied less railway freight of Rs.
Therefore, on 12.9.1973, the appellant addressed a letter to the Station Master, Azim Ganj requesting him to rebook the goods to Karur.
In the numberice, it was alleged that the Railway Administration was grossly negligent and misconducted itself and was careless in handling the goods and in number rebooking and delivering the goods back to the appellant.
The appellants request for rebooking of the parcels to Karur was received on 12.9.1973, i.e., about two months after the termination of transit of the goods.
No one turned up for taking delivery of the goods till 20.7.1973.
The appellant booked the cloth at Karur Railway Station for carriage by railway to Azim Ganj on 11.6.1973 under Parcel Way Bill No.
On 8.10.1973, the appellant addressed further letter to Station Master, Azim Ganj, to the General Manager, Eastern Railway, and the Chief Commercial Superintendent, Eastern Railway by way of reminder.
The numbermal time for the goods to reach the destination was less than 30 days.
The suit was defended by companytending that the parcels and the Parcel Way Bill were carried by the Railways with due care and caution, and they reached Azim Ganj City Railway Station on 1.7.1973 in good companydition and were made available for delivery for more than seven days.
It appears that in reply, the Station Master, Azim Ganj City Railway Station companymunicated to the appellant on 15.10.1973 that he had already sent a letter dated 27.9.1973 to the appellant in which he had stated that the appellants letter had been forwarded to the Divisional Commercial Suerintendent, Eastern Railway, Howrah and Chief Commercial Superintendent, Eastern Railway, Calcutta and that he had number received any reply from the said officers.
53441.93 to be booked by the appellant firm to Azim Ganj City Railway Station.
B. Sawant, J. The appellant is a firm carrying on business in textiles at Karur.
One Ganesh Chander Das of Azim Ganj, West Bengal had visited Karur and selected handloom cloth worth Rs.
