The appellant is a Company incorporated in England carrying on the business of carriage of goods by sea and M s. Madura Company Private Ltd. is its agent at the port of Cochin.
The appellant settled the claim for 93 bags but failed to settle the claim of Rs.
16,975.75 in respect of the remaining 148 bags for which the respondent filed original suit No.18 of 1969 in the Court of Subordinate Judge, Cochin for the said amount with interest and companyts of the suit.Cochin Port.
On 10.12.1967, the respondent purchased 100 tons of raw cashewnuts from M s. Amiraly Miraly Nurmamade, Nampula, under a companytract dated 10.12.1967 at the rate of 81 per ton c.i.f.
However, on arrival of the steamer at Cochin the appellant gave delivery of 1029 bags of cashewnuts only and there was short landing of 241 bags of cashewnuts and the appellant issued a short landing certificate to that extent on 10.10.1968.
18 of 1969 filed by the plaintiff respondent.
N. Saikia, J. This defendants appeal by special leave is from the Judgment and decree dated February 16, 1976 of the High Court of Kerala at Emakulam, affirming the Judgment and decree of the Subordinate Judge, Cochin in O.S. No.
For shipment of the cargo the appellant entered into a companytract of affreightment with the seller evidenced by a clean Bill of Lading dated 6.2.1968 for 100 tons i.e. 1270 bags of raw cashewnuts to be shipped from the port of Nacala in S.S. Ardrossmore to be delivered to the companysignees at the port of Cochin.
After shipment the seller drew demand draft accompanied by the Bill of Lading and related documents and received the invoice price from the respondent.
The respondent is an incorporated companypany having its registered office at Bombay carrying on the business of import, export and manufacturing cashew nuts in Quilon and other places.
