Kolkata Court December 1959 Judgments

Cooch Behar Commercial Company Vs. Union of India (Uoi)

Court: Kolkata

Reported in: AIR1960Cal455

K.C. Sen, J. 1. These two appeals arise from one judgment and two decrees passed by the learned Subordinate Judge, 8th Court, Alipore, in Money Suits Nos. 21 and 22 of 1952. 2. The plaintiff, Cooch-Behar Commercial Company, brought the aforesaid suits for recovery of Rs. 5456/9/- and Rs. 5681/2/6 pies respectively from the defendant, viz., the Union of India, representing the Eastern Railway. It is alleged in money suit No. 21 of 1952 that on the 27th July 1948, the East Indian Railway accepted at Sealdah Station 5 bales of cotton piece-goods to be safely and securely carried to and delivered at Siliguri Railway Station. The consignee was the Civil Supplies Commissioner, Coochbehar and the Railway receipt 912608 was duly endorsed in favour of the plaintiff by the consignee. It was alleged that out of the 5 bales covered by the Railway receipts only two bales were delivered to the plaintiff. The remaining three bales were not delivered. Accordingly, it is stated that the Railway adminis...