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Initializing Secure Chambers
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Initializing Secure Chambers
Citation: 1961 PLD 340
Court: Sindh High Court
Year: 1969
Decision Date: 1969-12-31
Parties: MESSRS KARIM COMMERCIAL Co. LTD. vs THE UNITED ORIENTAL STEAMSHIP Co. JUDGMENT
Case cited as PLD 1961 SC 340
Court Name: Sindh High Court Judge(s): Durab Patel Title:MESSRS KARIM COMMERCIAL Co. LTD. vs THE UNITED ORIENTAL STEAMSHIP Co. JUDGMENT Reported As: PLD 1970 Karachi 427 Result: Suit decreed Judgment JUDGMENT According to the plaint, by a Bill of Lading dated 8th May 1962 the first plaintiff had shipped 25 bales of cotton yarn from Karachi to Chittagong by the s.s. Iqbal Bakhsh owned by the first defendant. The s. s. Iqbal Bakhsh reached Chittagong on 13th July 1962 and discharged its cargo soon thereafter but it failed to land the 25 bales shipped by the first plaintiff. I shall for convenience refer to these bales as the said bales. The said tales were insured against loss with the second plaintiff, therefore both the plaintiffs approached the Chittagong Port Trust for the delivery of the said bales. I may observe here that by an order of this Court dated 23rd September 1966 the Chittagong Port Trust was impleaded as the third defendant in this suit and I shall, for convenience, refer to it as the third defendant. The third defendant informed the plaintiffs that the s.s. Iqbal Baksh had not landed the said bales and it issued a short landing certificate dated 22nd September 1963 which stated that it had not received the said bales. The second plaintiff then paid the first plaintiff a sum of Rs. 37,593.18, being the value of the said bales, and was subrogated to its rights. It then took up the question of the loss of the said bales with the first defendant and its local…
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