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Civil Procedure Code (V of 1908)--- ----O. XXIX, R.1 THIS JUDGMENT DELIVERED BY: ARSHAD HUSSAIN KHAN, JUSTICE:---.--- The present suit was filed by the Plaintiffs against the Defendant for Recovery of Rs.4,618,896/- with the following prayers:-- a) A sum of Rs.4,618,896/- with interest at 15% per annum with the quarterly rests from the date of the suit till payment. b) Cost of the suit. c) Any other further additions relief or reliefs which this Honble Court may deem fit and propose in and circumstance of the case. 2. The case of the plaintiff as averred in the plaint is that the plaintiff placed order for the import of one consignment of 365 cartons of sewing threads, to be shipped from the Port of Charleston, S.C. USA to Karachi. The said 365 cartons of sewing threads were accepted by the defendants Nos.1 and 2 (foreign shipping company and its local agent) on board their vessel "S.L. INTEGRITY" under a clean Bill of Lading No. 796078111, Container No. IEAU-400021-3. The said consignment was shipped in full, in good order and condition for which the defendants issued their clean Bill of Lading. The said consignment was shipped on the S.L. INTEGRITY. However, an obvious transshipment was taken place of the said consignment through vessel S.L. INTEGRITY onto vessel M.V. SEA PEARL. This transshipment was taken place without the permission, knowledge and authority of the importers. In fact the said information was conveyed to the plaintiff when the Vessel M.V. Sea Pearl was due to arrive at Karachi. The said ship arrived at Karachi Port and discharged the consignment, however, when the Plaintiff through their agents went to clear the goods the Defendants failed to deliver the consignment. The Karachi Port Trust confirmed that the consignment of the petitioner was not landed and issued their Short Landing Report dated 13.10.1997. The Plaintiff, in respect of the above said short landing of the cargo, approached the defendants and made various requests; orally as well as through telegraphic notice and legal notice dated 16.9.1998 and 28.9.1998 respectively, for settlement of its claim but the defendants failed to settle claim of the plaintiff. It is also averred in…

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