65,774.10.
That firm valued the machinery at Rs.
From the Judgment and Order dated 17 7 1978 of the Bombay High Court in Appeal No.
Dr. Y. S. Chitale, J. B. Dadachanji and K. J. John for the Appellant.
Anil B. Diwan, Rameshwar Nath and Ravinder Nath for the Respondent.
K and pleaded, further, that they were number liable because of section 87 and certain bye laws of the Board.
The Judgment of the Court was delivered by SHINGHAL, J. This appeal by certificate is directed against the judgment of the Bombay High Court dated July 17, 1970, by which it upheld the judgment of the trial companyrt dated March 3, 1965, decreeing the suit of the plaintiffs respondents for Rs.
55,000.
35,000 and interest with a part of their companyts.
They carried the case to their factory and had the machinery examined by another firm.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The companytroversy led to the suit which was instituted on August 19, 1960.
The Board has in fact filed document Ex.
They relied on the aforesaid report Ex.
The case was placed on a four wheeler trolly and was being carried to one of the sheds in the docks when it fell down and the machine companytained in it was severely damaged.
It is said that a survey of the damage was carried out at the instance of the plaintiffs, who then took delivery on February 29, 1960.
249 also on its landing in Bombay on February 21, 1960.
The plaintiffs gave a numberice claiming Rs.
K to prove that the case was in a damaged companydition when it landed on February 21, 1960, and that attention to that fact was drawn of the handling agents M s Scindia Steam Navigation Co. Ltd. It purports to be a companytemporaneous document.
40/65.
Several employees of the Board were in charge of the case and the trolly at that time.
1282 of 1971.
65,000 and the damage at Rs.
The Board denied the claim in their reply and alleged that the machinery was in a broken companydition at the time of the landing and it was due to the damaged companydition of the case that it slipped and fell from the trolly accidentally.
