Lsp IN IN IN THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION COMPANY PETITION NO. 191 of 2008 In the matter of M/s.Umang Pharmaech Pvt.Ltd. Federal Express Corporation (FedEx) ..Petitioner Mr.H.Rehman i/b.D.H.Law Associates for the petitioner. Mr. A.S.Ramesan for the respondents. CORAM: CORAM: CORAM: A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATE DATE DATE : OCTOBER 17, 2008. : OCTOBER 17, 2008. : OCTOBER 17, 2008. P.C. P.C. P.C. : : : . Heard Counsel for the parties. Having perused the pleadings and documents on record, in my opinion the claim of the petitioner is disputed question of fact. This is so because the fact that the goods were received by the respondent in damaged condition is virtually accepted by the petitioner in its communication dated 17th May, 2007. It is a different matter that the communication sent by the respondent dated 24th April, 2007 has not been received by the petitioner. It is not necessary for this Court to enquire into the fact as to whether the said communication was infact forwarded to the 2 petitioner. Suffice it to observe that from the correspondence of the petitioner, it is more than clear that delivery of goods sent to the respondent was received in some what in damaged condition, which position was immediately brought to the notice of the petitioner- in the context of which the petitioner has sent communication dated 17th May, 2007 spelling out the nature of damage according to the petitioner. Whether the damage caused is as serious as claimed by the respondent or insignificant as asserted by the petitioner is a matter which will have to be considered in appropriate proceedings but cannot be enquired into and authoritatively adjudicated in the present proceedings. Suffice it to observe that the defence of the respondents is a possible defence, the correctness of which will have to be decided in appropriate proceedings. The quantum of damage suffered by the respondents will also have to be answered in appropriate proceedings. Leaving all questions in that behalf open, this petition is dismissed. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)