Shipping Corporation Of India Ltd vs M/S. Bharat Earth Movers Ltd. & Anr on 5 December, 2007
defendant had been into shipping business for a long time and having good
reputation in the market and the charges levied were not arbitrary. Further
defendants have not mentioned about any charges in the bill of lading as
claimed by the plaintiff and infact it is stated in the bill of lading under the
terms and conditions that the information in regards to the tariff need to be
obtained from the carrier or his agent but the same was not done by the
plaintiff. It is further averred that the bill of lading cannot be treated as part
of invoice defendant relied upon the judgment in the case of {Shipping
Corporation of India Vs. Bharat EARth Movers Ltd. 2008 (2SCC)79}.