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‘M. Suleman Versi of Dar es Salaam versus Ahmed Fakhroo & Bros of Bahrain’ [‎94r] (187/256)

The record is made up of 1 file (124 folios). It was created in 9 Nov 1947-15 Aug 1950. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .

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General Average shall be payable according to the York/Antwerp
Rules, 1924, but where the adjustment is made in accordance with the law
and practice of the United States of America, the following clause shall
apply
MEW JASON CLAUSE .
In the event of accident, danger, damage or disaster before or after
the commencement of the voyage, resulting from any cause whatsoever,
whether dive to negligence or not, for which, or for the consequence of
which, the carrier is not responsible, by statute, contract or otherwise,
the good/3, shippers, consignees or Owners of the goods shall contribute
with the carrier in general -average to the payment of any sacrifices, losses
or expenses of a general average nature that may be made or incurred,
and shall pay salvage and special charges incurred in respect of the goods.
* If a salving, ship is owned or operated by the carrier, salvage shall be
paid for as fully as if the said salving ship or ships belonged to strangeip.
Such deposit as the carrier or his agents may deem sufficient to cover the
estimated contribution of the goods and any salvage and special charges
thereon shall, if required, be made by the goods, shippers, consignees or
Owners of the goods to the carrier before delivery.
BOTH TO BLAME COLLISION CLAUSE.
If the ship comes into collision with another ship as a result of the
negligence of the other ship and any act, neglect cr default of the master,
mariner, pilot or the servants of the carrier in the navigation or in the
management of the ship, the Owners of the goods carried hereunder will
indemnify the carrier against all loss or liability to the other or non
carrying ship or her Owners in so far as such loss or liability represents
loss of or damage to or any claim whatsoever of the Owners of the said
goods, paid or payable by the other or non-carrying ship or her Owners to
the Owners of the said goods and set off, recouped or recovered by the
other or non-carrying ship or her Owners as part of their claim against
the carrying ship or carrier.
SECBECY CLAUSE .
Disclosure of the contents of this bill of lading A document confirming the goods which a ship has received. to any unauthorised
person may involve an offence against the Espionage Act of the United States
(50 USC 31 and 32 as amended) or against the Official Secrets Act, 1911 and
1920, or the Defence (General) Regulation of the United Kingdom, or
against the Defence of India Rules, 1939.
L IMITATION OF LIABILITY CLAUSE.
If the ship is not owned or chartered by demiise to the company or
Line by whom this bill of lading A document confirming the goods which a ship has received. is issued (as may be the case notwith
standing anything that appears to the contrary) this bill of lading A document confirming the goods which a ship has received. shall
take effect only as a contract with the Owner or demise Charterer as the case
may be as principal made through the agency An office of the East India Company and, later, of the British Raj, headed by an agent. of the said company or Line
who act as agents only and shall be under no personal liability whatsoever
in respect thereof.
■■■
an
age of Goods by Sea Act 1925
edule thereto.
ii/L 0.1.
TRANSHIPMENT
’ ?jyfVf C*^ /SS^tSi^£P ’. r * et vl rarnimr in the ship<») b» which the (nrwardinfi take* plat
lfedE.>ihfW>
place ie (an) eeatainjd in the oncarrier( 8 )
in thi* BUi of Lading aa if apecihoally
PARAMOUNT CLAUSE.
(| ^" |1C (,( Vitract evidenced by this Bill of Lading A document confirming the goods which a ship has received. is to have effect subject to the provisions of the rules as applied by
Act (or Ordinance as the case may be) as if the rules were heroini specificaijy set out. It is heroby expressly further agreed
in pursuance of the provisions of Article 7 of the Schedule to the ,eaid Act, that the Carriers’ liability, prior to the loading
on and subsequent to the discharge from the ship, shall be covered by the conditions and exceptions of this Bill of Ladihg.
British
Jnhia
Steam Havioation Company Ximiteh
The liability of Member* of the Company is Limited.
{Incorporated in England.)
PAKTICULARS DECLARED BY SHIPPER.
Leading Marks.
If • s • V •
FAXHNOO
BAHRAIN
IHTitAifcilT
Distinctive
Numbers.
Number of Packages
or pieces
or
Quantity or weight.
600 0/S •/
iias i
Charges
incurred
meet ivy and
at «ny, port
oon&ig&eos.
ti tike goodf
Gonaaq
Good:
Description.
6oatgs*120o
argarine i&4*<
480oo lbs #
21772
V'/sssf,/
an j
for storage and
[uenb upon floods
the period cllatsoi
of tranybaymcai
to rcha^ 'T. at
whiid!
other erpennt
ewaiting tranship*
fjr free -rtocag*
to bo paid by
isk of tho owneas
t^iuhiocaent.
Number of Packages (in words) &
ix ttsos ouI> ,
MEASUREMKNT AND WEIGHT.
Tons.
Feet.
Inches.
Tons.
Cwt.
Lbs.
EM m
*
FMMc fsr
H-
Freight
Dated at...
•l«r/-v«€r ,on To ‘ al **-
I'ilindiai
this.
/Ss#
day of.
mmmr. t,iir *i8o T Hff|g
Shipped in apparent good order and coririitron by VSrSi
In the Steam or Motor Vessel B. ® 1 r®® VOy 9 $*'vi m
now lying in or off the Port of JtlXindilli ‘for
forwarded by a vessel of or other Company
discharged,^ subject*^ to ZZ T'" "om’ ^ TT' COnd,t, ° n ’ qUaHty 8nd Va,UC 38 declared the
lifted from and leave the shi^T^k, Tber'berth or anchorage at The Port T'" bUt ,he Compan ^’ S l,8bility Ce ** eR as soon 38 tbe Z oods are
(or so near thereto as she may ^ iet< lle and discharge) unto THE ORDER OF lOUBUf AbdUlpSlU'If il “ P
shipment at pon ZeZZi thC T™ ** con81 ^’ height for the said goods, with primage, if any, shall be due and payable by the Shipper on
by the consignee at port of / with ° ? cduC ,0 “’ T 6 *;* ° r 08 0r , “°. t l08t ’ If frei * ht ,8 not 80 P® 1 * 1 on shipment at port of loading it shall be due from and payable on demand
,re,8hl “0 « “V .ssiuona, ratt applicable wbm p. y .b,e ob
ifher port of transhipment, thence to be
AND/OR PACKAGES MERCHANDISE
1. GBintHAL IMMUNITIES. T(i« slupowurc shall not b« responsible for the Act of God, The King's Enemies, pirates,
robbers or thieves by land or ass, arrests or restraints of princes, rulers or people, restrictions aud consequences of quarantine,
note, strikes, lockouts or other labour duturban. es, eombinatious of workmen or othrus whether ashore or afloat or civil
commotion or losa, damage or delay cso*) directly or indirectly thereby and any circumstances beyond the shipowners’
control; accident loss or damage of any deeeripti'n resulting from any of the following causes or perils, m>., insufficiency of
packing or packages wear and tear of peduges through handling, inaccuracies, obliteration or absence of marks numbers
address or description of goods skipped, boilers, machinery, rust, vermin, breakage, leakage, ullage, hook holea, chafage,
sweating, evaporation or decay, injurious eflects of other goods, effects of climate or heat of holds, chemical action, fumigation,
tain, spray, snow, frost, steam, coal or coal dost, risk of craft, or transhipment, or storage .afloat or on shore, fire or water on
board, in hulk, in craft or on shore, explosion acoidekts to or defect* latent or otherwise in hull, tackle, boilers or machinery or
their appurtenanbes ; unseaworthiness oralineas to receive and carry cargo provided the owners have exeicised due diligonoe
to make the vessel seaworthy aud fit; barratry, jettison, loss by thefts or robberies by sea or land, and whether by persons
directly or indirectly in the employment or service of the Company or otherwise, accident* losa or damage or any consequences
ansing from overcarriage or loss of market; any net neglect or default whatsoever or error in judgment of the Master, Pilot,
Officers, Engineers, Mariners, Stevedores or others, collision stranding or wreck however caused, and all perils dangers and
accident* of the seas, rivers, land carrisge sari navigation of whatsoever nature or kind and howsoever caused ; any accident,
loss, damage, delay or detention from any set or default of the Egyptian Government or the administration of the Suez Canal
or arising out of or consequent upon the employment of the Company’s vessels in or assistance rendered by them in the per
formance of His Majesty’s Mail service.
2. DEVIATION. In addition to all other liberties reiervcd by the shipowners, they shall have liberty to change the route
before the commencement of or at any time or stage of the voyage, to delay the sailing from the port of loading, or to put into
and remain at any port should cireumatsuces n thoir opinion or in the opinion of the Master render this advisable ; and after
proceeding towards or arriving at the port of discharge to proceed to and stay at any ports or places whatsoever although in
a contrary direction to or out of or beyond the ordinary route to port of discharge onoe or oftener in any order, backwards or
forwards, for .loading or discharging cargo, mails or bollioa, or embarking or disembarking passengers or bunkering or
drydocking with or without the cargo on board or adjusting compasses, or repairing, or for any purpose whatsoever whether
connected with the present voyage or any intended subsequent voyage, and all such porta, planes, sailings and drydocking shall
be deemed included within the present royafe ; such iberty not to be considered as restricted by any words in this Bill of
Lading, whether written or printed and whether descriptive of the voyage or otherwise, or by any implication which otherwise
might be drawn from this Bill of Lading A document confirming the goods which a ship has received. . Also with liberty to sail with or without pilots, and to tow or be towed, and to assist
any vessels in all situations and also to deviate from the voyage for any purpose whatsoever.
8 . IMPORT RESTRICTIONS. If any of these goods do not satisfy the importation regulations in force at destination as the
result of which they cannot be discharged the shippers undertake to indemnify the shipowners against any expenses including
detention costs incurred as a consequence thereof end ic the event of some or all of the goods not being imported or passed for
importation at destination the shipowners msv land them at any other port whatsoever not excluding the port of landing and
shippers undertake to pay the shipowners anv additional freight and all expenses incurred for which the ship shall have a lien,
the goods to be at shipprrs risk throughout
4. WAR RISKS. In the event of the imminence or existence of any of the following :—War between any nations or eivil war;
prohibition restriction or control by any Government of intercourse, commercial or otherwise, with any country from at or to
which the vessel normally proceeds or calls; control or direction by any Government or other Authority of the use or movements
of the vessel or the insulated or other space in the vessel; the Carrier and/or his Agents and/or the Master, if he or they consider
that the vessel or her Master Officers Crew Passengers or any of them or cargo or any part theroof will be subject to losa, damage,
injury, detention or delay in consequence of the said Wtr, Civil War, prohibition, restriction, control or direction, may at any
time before or after the commencement of the voyage alter or vary or depart from the proposed or advertised or agreed or
customary route or voyage and/or delay or detain the vessel and/or discharge the cargo (for delivery or storage or transhipment)
at or ofl any port or port*, plane or places witheut being liable for any loss or damage whatsoever directly or indirectly sustained
by the owner of the goods. If and when the goods are so discharged at such port or ports plaoo or places they shall be landed
or pat into craft or vessels at the expense and risk of the Owner of the goods and the Carrier’s responsibility shall oeaxe at the
vessel’s rail, the Carrier, Master or Agents giving notice of such discharge to the Consignee of the goods so far as he is known.
The vessel, in addition to any liberties expressed or implied heroin, shall have liberty to comply with any orders or directions as
to departure, arrival, route, voyage, porta of call, delay, detention, discharge (for delivery or storage or transhipment) or
otherwise howsoever given by any Government or any Department thereof, pr any person acting or purporting to aot with the
authority of any Government or of any Department thereof or by any Committee or person having under the terms of the war
risks insurance on the vessel the right to giv, such orders or directions, and if by reason of or in oomplianoe with any such
orders or direotions or by reason of the exercise by the Carrier of any other liberty mentioned in this Clause anything is done
or is not done the same shall be within this contract. Discharge under any liberty mentionod in this Clause shall constitute due
delivery of the goods under this Bill of Lading A document confirming the goods which a ship has received. and the Owner and/or Consignee of the goods shall bear and*pay all charges and
expenses resulting from such discharge, and the fall freight stipulated herein if not prepaid, shall on such discharge become
immediately due and payable by the Owner nnd/or Consignee of the goods, and if freight has been prepaid the Carrier shall be
entitled to retain the samp. The vessel is free to carry contraband, explosives, munitions or warlike stores, and may sail armed
or nnarmed.
5. SANCTIONS. The rights liberties and immunities conferred upon the Shipowner by the War Risks clause in this Bill of
Lading shall be exercisable in the event of sanctions being imposed and/or measures being taken by any Government under the
covenant of the Leagne of Nations. Anything done or not done in oomplianoe with this clause and the said War Risks clause
to be within the contract voyage and the owners of the goods and/or consignees thereof shall pay the fall freight onearrying or
additional freight and also all ether charges consequent upon the operation ef these clauses.
6 . MARKS, CONTENTS. Weight contents and value when shipped unknown. The Oompany is not to be responsible for any
loss, damage or delay, whatsoever, directlyot indirectly resulting from insufficiency of the address, or packing, internal or external,
nor for condition or contents of reahipped or re-exported goods.
7. INSURANCE. Shippers are requested to note particularly the terms and conditions of thin Bill qf Ladihg with referenoe to
the validity of their insurance upon their goods.
8 . DANGEROUS GOODS. Shippers are cautioned againau shipping goods of a dangerous or damaging nature as by so doing
they become responsible for all consequential damage and also reader themselves liable to penalties imposed by statute, and
if chemicals, liquids or other goods of sn explosive, dangerous or damaging nature or liable to spontaneous combustion be
shipped without previous declaration and ayangemont or any goods contraband, or prohibited by the law of porte of shipment,
discharge or call, such goods upon discovery may be thrown overboard or may be discharged at any port or may be otherwise
dealt with according to the Master’s discretion and the Company shall not be responsible for their losa and the shippers and con
signees, and each of them shall be liable for any consequent losa, damage, expenaea, penalty or responsibility to the ship or
cargo, and if any such goods shipped with knowledge nqd consent shall become a danger to the ship or cargo they may in like
manner be landed at any place or destroyed or rendered innocuous by the carrier without liability on tho part of the carrier.
9. FREIGHT AND DESCRIPTION. The Oompany reserve the right of charging freight on the goods by weight, measurement
or value and of re-measuring or rreweigtunc the name and charging freight accordingly before delivery and will not be
responsible for correct delivery unless each ptokage in distinctly correctly and permanently inarked by the Merchant before
shipment with a mark and number, or address, and also with the name of the port of delivery, which last must be in letters not
lens than two inches long. In no ciroumatano s will the Oompany accept responsibility for delivery to other than leading marks.
The freight has been calculated and based npou a deecription of the goods declared by the shippers to the shipowners The
shippers warrant the correctness of such dcsenption. An incorrect description of the nature of the goods or an untrue declaration
of their value or weight or measurement lh»H entitle tbs shipowners to charge as and by way of liquidated and ascertained
damage* and not as a penalty, a sum eqnnl to doable the freight which would have been charged if the goods had been
correctly described ; and in the event of tk« goods being subjected to lose, seizure or detention through being wrongly described
the shipowners shall bs released from all responsibility. Any lift weighing over one ton gross must be declared in writing
before shipment and the weight b- stencilled clearly on the pdckafce, and if the actual weight be in excess of that declared the
shippers and consignees and each of them is addition w paying the above-mentioned double freight, shall make good and bear
any loss damage or delay caused in handling to any property or persons whatsoever and shall also pay all additional charges
of handling packages weighing more than 40 cats, are carried only at advanced rates of freight and by special agreement.
10 DISCHARGE GF CARGO. The goods “*7 be discharged as soon as the ship is ready to unload and as fast as she is able,
continuously day and night, Sunday* sad holidays included, and if the consignee fails to take delivery of his goods immediately
the ship is ready 7 to discharge them the Company shall be at liberty to land the said good* on to wharf or quay or into wurehouse,
WITNESS whereof the Master, or duly authorised Agent of the said vessel hath affirmed to
’I'm
Vunuaii ,194,0
keid In 1 LfeUfeifi?
CO CLAUSES AS PER REVERSE
or discharge into hnlk, laxaretto or craft or any other suitable place without notice and the goods may be stored by them at the
rwk and expense of the nhippera or consignee* any custom of the port to tbe contrary notwithstanding consignees to pay
charges for sorting and stacking tbe goods on wharf or in shed as per scale of charges to be seen at the Agents Offices. The
Company shall have the option of making delivery of goods either over the ship’s side or from lighter or store ship or balk or
Custom House or Warehouse or dock or wharf or qaay at Consignees’ risk. In all cases the Company’s liability is to cease as
soon as the goods are lifted from and leave the ship’s deck. Should a port be inaccessible or should entry and/or discharge or
continuance of discharge at a port be deemed by the Master unsafe or inadvisable or liable to sabject the steamer to any risk
whatsoever the Master shall have liberty to discharge the goods at some other port or place at the risk and expense of the shipper*
and consignees and such discharge shall be deemed to be doe fulfilment of the contract of affreightment. Should all or any
part of the within goods not be found, or if from bad weather or other cause the goods cannot be landed during the-wessel’s stay
at port of destination, the Company reserves the right to convey same to any port before tbe final or to the final port of the
voyage to be returned thence at the CompanyVexpense, but at the shipper's or consignee’s risk ; and should necessity ariae for
fletaming and storing the goods, it shall also be done at the Company’s expense and the shipper’s or consignee’s risk ; and the
Company shall not be answerable for the result of any delay or risk so occasioned or for loss of market. Delivery by the Company
44 ir jnnMMdS con< ^ t * on M received shall be conclusive evidence of delivery of full weight and contents,
ll. TRAllSHIPHKlfT. The Company have liberty to carry the goods by the above or other steamships or vessels belonging
to themselves or others by any route direct or indirect and at ship’s option and expense bnt at consignees’.risk to tranship at
any place or places to any other vessels, or to land or store or put into hulk, craft or lighter, to reship in the same or other vessel
proceeding by any‘route or forwaid by lighter, rail or any other conveyance whether such other vessel, store, hoik, craft,
lighter or other conveyance belong to the shipowners or upt. With liberty also to overcarry the goods beyond or away (rom
their port of destination notwithstanding the arrival ef the carrying steamer at auch port Goods so overcarned or carried
away from destination and goods in course of transhipment may be placed or stored in craft or ashore and reshipped or forwarded
or returned by land or sea at the Company’s option and expense but at consignees’ risk. The Company to be free of liability
for any loss, depreciation or damage arising from overcarriage or return carriage or for loss of market. In the event of the goods
being consigned to any port or place to which the steamer cannot enter the next tide after having arrived as near as she can
safely get thereto without discharging and lie always afloat, the Master shall be at liberty to discharge the whole or any part of
the cargo into lighters at consignees’ risk. In cases where the ultimate destination at which the Company may have engaged
to deliver goods is other than the steamer’* port of discharge the Company reserve the right to forward such goods by rail.
Gooda forwarded by rail are deliverable at any railway station within or nearest to the destination named and must be taken
away by the consignees immediately after arrival otherwise the consignees will be liable for any expenses incurred. Whenever
through Bills of Lading are granted by the Company and shipment transhipment carriage or delivery of the goods is to be
performed or partly performed by the vessels or agents or servants of other shipowners such shipment transhipment carriage
or delivery is to be subject to the conditions and exceptions of the forwarding conveyance supplemented by those expressed
herein and at consignees’ risk. Transhipment of cargo for ports where this ship does not call or for the Company’s purposes,
to be at the Company’s expense, but at consignees’ risk from the time the goods are lifted from and leave the Bhip’s deck,
where the Company’s responsibility shall cease. Goods to be forwarded as soon as practicable, hot the Company do not
guarantee that steamers shall have room at Ports of transhipment and accept no liability for detention, any expenses for
storing or warehousing to be borne by the consignees. For dutiable cargo transhipped, shipowners may give such undertaking
Customs require at port of transhipment respecting dealing with cargo at port where duty is payable and ail charges and
risks incurred shall be on account of the Consignees. Consular fees on cargo, if any, hre to be borne by the Consignees. The
Company act as forwarding agents only from their steamer’s port of discharge and in all cases their liability is to cease as above
provided.
VALUABLE CARGO AND PERISHABLES. The Company will not in any event be accountable for gold, silver, bullion,
specie, jewellery, watches, clocks, precious stones or metals, bank notes or securities for money, paintings, pictures, sculptures,
or other works of art. nor for goods of which the value is more than £10/- per cubic foot for measurement or per cwt. for weigbf
cargo, nor for goods of which the value exceeds £100/* for any one package, unless the value thereof shall have been declared ill
writing prior to shipment and entered on the shipping note which must be presented to the Commander at rime of shipment
and the Bill of Lading A document confirming the goods which a ship has received. signed with the nature and value of the goods appearing thereon and extra freight in respect of same
agreed upon and paid ; nor for loss, injury or detention to packages intended for different consignees bat enclosed in one
package unless the contents and valne of each separate package be given before shipment and freight paid accordingly ;* nor
for breakage or damage^ to castings, cast iron pipes, showcases, unprotected goods, marble, slate, glass, glassware, china,
earthenware, or any goods of a brittle or fragile nature, from whatsoever cause arising, all Such cargo being conveyed at the nak
of the shippers and consignees. Fish, fruit, Vegetables, and all perishable goods and livestock and all cargo carried on deck
are conveyed solely at the risk of the shipper.
13. QUARANTINE. In the event of quarantine or sanitary or other similar regulations or Restrictions whatsoever or where
soever arising the goods may b* discharged into any depot, lacaretto, hnlk or other vessel or craft as required for the ship’s
despatch, or should the Master consider this impracticable he may discharge the goods at a safe port of Call, in his option, at
the risk and expense of the consignees ; and the ship’s responsibility shall cease when the goods are so discharged. The
shippers and consignees and each of them shall be liable for all quarantine expenses of whatever nature or kind.
14. OPTIONAL DELIVERY. Optional delivery is only granted when arranged prior to the shipment of the goods and is
expressed in the Bill of Lading A document confirming the goods which a ship has received. . Consignees desiring to avail of the option so expressed must give notice to the Company’s
Agent at the fitst port of steamer's call named in the option, at least 24 hours prior to steamer’s arrival there otherwise the
goods will be landed and the Company’s responsibility will cease.
15. SALVAGE. In the event of apy vessel belonging to the Company rendering service to the vessel carrying the goods
enumerated in this Bill of Lading A document confirming the goods which a ship has received. entitling the assisting vessel to salvage reward or remuneration for such service, such reward
or remuneration shall be treated in the same manner as if the assisting vessel belonged to another Company or person.
16. LAW APPLICABLE. The contract evidenced by this Bill of Lading A document confirming the goods which a ship has received. shall-be*governed by the Laws of England and in
accepting this Bill of Lading A document confirming the goods which a ship has received. the shippers and consignees expressly accept and agree to *M it« stipulations, exceptions and
conditions whether written, stamped or printed as folly as if signed by him or them.
17. AVERAGE. Average payable according to York/Antwerp Rules, Id24, supplemented by the practice of English Average
Adjusters on all points on which snch Rules contain no provision, and the Average statement to be drawn up in the United
Kingdom or at any port of discharge or other place at the option of the shipowners.
18. LIEN. The Company shall have a lien upon the goods for unpaid freight and also for dead freight upon any portion of
the goods covered by the Shipping Order granted in respect hereof which may not have been shipped and for all charges stipulated
herein to he bo rne by the shippers and/or consignees.
19. DELIVERY. Bills of Lading must be presented and delivered up cancelled before delivery-of goods will be granted.
Gold, silver, bullion, specie, jewellery, precious stones, precious metals, plated ware, documents, worke of art, watches.
Silks or other precious or valuable articles will not be landed by the Company. They will only be delivered on presentation of
Bills of Lading on Board, and will be carried on, or stored, at risk and expense of shipper or consignee, if delivery is not taken
during the vessel's stay in port.
20. NOTICE OF CLAIMS. Any claim that may arise in respect of goods shipped in the Company's steamers, for which the
steamer is responsible, must be preferred in writing to the Company’s Agent at the place of delivery within three days after
discharge and before the goods are removed from the ouay or ship’s side or place of discharge otherwise the Company shall be
free from liability. The Company’s liability in case of loss or injury to goods for which they may be responsible within the
limits of this Bill of Lading A document confirming the goods which a ship has received. to be calculated on and in no case to exceed the net invoice cost and disbursements
21. PORT RESTRICTIONS. Notwithstanding anything herein contained to the contrary in the event of reatnoriona actual
or apprehended on account of Ice or Quarantine Sanitary Customs or Labour Regulations Lockouts Strikes Blockade
Prohibitions Interdict War Imminence of War General Disturbances or other like cause or causes at an; nort or ports called at
oi intended to be called at by tbe vessel preventing or threatening to prevent the usual and prompt discharge of the goods or
any portion thereof st the Bill of Lading A document confirming the goods which a ship has received. destination such goods or any portion thereof may at the vessel's option be
transhipped retained on hoard landed warehoused finally discharged or otherwise disposed of wheresoever most convenient to
tbe vessel and such action taken under this clause shall be deemed to be due fulfilment of the contract of affreightment so far
as cargo so disposed of is concerned and all oncarrying or additional freight and expenses and risks whatsoever and howsoever
incurred or connected in any way with such disposal aforesaid shall be borne by the Shipper and/or consignee and/or receiver
of the goods the operation of this clause to be in the discretion of the shipowner and/or the Master and/or the Shipowoen’
Agents. ... .
22. BEFORE LOADING AND AFTER DISCHARGE. The Shipowner shall not be responsible for loss or damage to the goods
prior to loading on and subsequent to discharge from the Ship, however caused.
Bills of Lading, all of this tenor and date, one of which being accomplished, the others to stand void,
©
M,M 2
1 / 43 .
As Agents.

About this item

Content

The file comprises court papers, including affidavits and exhibits (copies of correspondence, telegrams, invoices, transhipment notes) used in support of an arbitration case brought by M Suleman Versi of Dar es Salaam in Tanganyika, against Ahmed Fakhroo & Bros. of Bahrain. The case was heard at the Political Agency An office of the East India Company and, later, of the British Raj, headed by an agent. in Bahrain on 14 and 15 August 1950, and was a financial dispute over payments for a shipment of ghee made by M Suleman Versi to Bahrain. A summary of the case is included at the front of the file (ff 3-5).

Extent and format
1 file (124 folios)
Arrangement

The majority of the file is arranged into appendices coming under an unspecified part labelled ‘C’. The appendices are numbered with Roman numerals and are ordered II through to VII, followed by I. Appendices are wrapped in larger sheets of paper, which form a header sheet (labelled ‘C’ with the corresponding appendix number) and rear cover sheet. Within those appendices containing correspondence, the papers are arranged in chronological order, from the earliest papers first, to the latest papers at the end. Summaries of the case (ff 3-11), and papers labelled ‘A’ (f 15) and ‘B’ (f 13) are located at the front of the file.

Physical characteristics

Foliation: the main foliation sequence (used for referencing) commences at the front cover with 1 and terminates at the inside back cover with 126; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. A previous foliation sequence, which is also circled, has been superseded and therefore crossed out.

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‘M. Suleman Versi of Dar es Salaam versus Ahmed Fakhroo & Bros of Bahrain’ [‎94r] (187/256), British Library: India Office Records and Private Papers, IOR/R/15/2/1819, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100026732040.0x0000bc> [accessed 19 April 2024]

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