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Showing contexts for: consignee self in Shamji Bhanji And Co. vs North Western Rly. Co. on 21 December, 1945Matching Fragments
2. The transaction had been negotiated by Shahjada Abdul Hakim with the plaintiffs through one Bhasin who was then carrying on business in Bombay in the name and style of the National Cotton Trading Company. The railway receipt was obtained by the plaintiffs as the consignors in favour of self as the consignees and was endorsed by the plaintiffs in favour of the National Cotton Trading Company with express instructions given by the plaintiffs to Bhasin that he should not part with the railway receipt in favour of Shahjada Abdul Hakim except against payment of the price of the goods by him. It appears that Bhasin in. his turn endorsed the railway receipt in favour of Messrs. Sidhuram Ganesh Das, a firm of shroffs and commission agents, who were then carrying on business at Kalbadevi outside the Fort of Bombay. Messrs. Sidhuram Ganesh Das endorsed the railway receipt in favour of Shahjada Abdul Hakim, thus enabling Shahjada Abdul Hakim to obtain delivery of the goods when they arrived at Peshawar City. It appears, however, that the goods were transhipped a Muttra station near Delhi and were there delivered by the B. B. & C. I. Railway to the North Western Railway for being carried to Peshawar City, and whilst the wagon No. C.R. 1840 in which they were loaded was at the Bhatinda station yard, a station on the line of the North Western Railway, the said goods were destroyed by fire. This loss was discovered by Shahjada Abdul Hakim when he was informed by the railway authorities at Peshawar City about the same. He wrote a letter to the plaintiffs dated June 17, 1942, intimating to the plaintiffs that the goods had been destroyed by fire at Bhatinda station yard and that it was therefore necessary that the claim should be lodged with the North Western Railway promptly for the same. This letter was addressed by Shahjada Abdul Hakim directly to the plaintiffs or sent by him to Bhasin for the purpose of delivery thereof to the plaintiffs; either way the plaintiffs called upon Bhasin either to get payment of the price of the goods or the railway receipt in respect of the same, and Bhasin handed over to the plaintiffs the railway receipt dated May 23, 1942. The railway receipt when it came into the possession of the plaintiffs bore a further endorsement on the face of it which was made by Shahjada Abdul Hakim in favour of the plaintiffs. The effect of all the endorsements made on the railway receipt was thus to constitute the plaintiffs who were the consignees of the railway receipt the ultimate endorsees of the same, thus entitled on the face of the railway receipt to obtain delivery of the goods represented by the same. ,