CMA/344/2007 of FOOD CORPORATION OF INDIA Vs GREAT EASTERN SHIPPING COMPANY LTD & ANR

1 APHC010409732007 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3508] (Special Original Jurisdiction) TUESDAY ,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CIVIL MISCELLANEOUS APPEAL NO: 344/2007 Between: Food Corporation Of India ...APPELLANT AND Great Eastern Shipping Company Ltd Anr and Others ...RESPONDENT(S) Counsel for the Appellant: 1. S SYAMSUNDER RAO Counsel for the Respondent(S): 1. M/S INDUS LAW FIRM The Court made the following: (per Hon’ble Sri Justice R. Raghunandan Rao) ORDER: The appellant herein had entered an agreement with the 1st respondent for carriage of 20,000 tons of wheat from Sydney, Australia to ports in India in the year 1976. In pursuance of this agreement, the 1st respondent carried 20056.00 metric tons of wheat in vessel M.V. Jag Dharma from the port of Sydney, Australia on 29.11.1976. The wheat was discharged, in Visakhapatnam port, between 16.12.1976 and 27.12.1976. 2 2. At the stage of discharging of cargo, it was found that 251.53 metric tons of wheat had been damaged due to seepage of water. The value of the damage was fixed