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Essemm Logistics vs Darcl Logistics Limited on 1 May, 2023

11. Hon'ble Supreme Court in a reverse situation has considered almost same issue in case of Essemm Logistics Vs. Darcl Logistics Limited and Ors. (supra) wherein the claim was for loss of business or loss of reputation and loss on account of idling of man, machine and overheads and opined that for filing of such claim the requirement of notice under Section 16 is not sine qua non but while allowing the appeal Hon'ble Supreme Court has observed that in case of claim for loss of consignment, the invocation of principles under Section 16 is a mandatory provision and before complying the same the suit cannot be filed. Herein a specific notice setting out the cause of action, damage, loss and relief was not served upon present petitioner by plaintiff.
Supreme Court of India Cites 4 - Cited by 0 - P Mithal - Full Document
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