(1.) The plaintiff has filed this suit for recovery of Rs.7,42,005/- for value of goods, Freight Charges, Post Shipment Benefits, interest at the rate of 18.5% from 21st October, 1990 till 7th September, 1992 and for loss of profit and business against the Defendants. The suit was initially filed against Pan American World Airways, Defendant no.1. Later on Defendant no.2 Delta Airways was impleaded as party to the suit pursuant to the application for amendment filed by the plaintiff which was allowed by order dated 2nd November, 1994. The defendant no.1 had already proceeded ex-parte and the Court had allowed the application of amendment of the plaintiff being IA no. 3457 of 1992 without notice to the defendant no.2 and without observing that the defendant no.2 is deemed to be sued from the date of institution of the suit on 14th September, 1992.
(2.) Brief facts to comprehend the disputes between the parties are that the plaintiff alleged that he is carrying on a business in the name and style of ,,Gurav International and is engaged in manufacture and exporting of readymade garments. For exporting its garments, the plaintiff through his agent, M/s continental carriers, New Delhi entrusted to PAN American World Airways, defendant no.1 (hereinafter also referred to as PAWA) for carriage 25 packages containing readymade high fashion cotton gents shirts from New Delhi to New York. The plaintiff averred that defendant No.1, PAN American World Airways was made aware that the shipment had ordered goods which were meant for immediate sale and as such were urgently to be delivered at the place of destination.
(3.) The plea of the plaintiff is that the PAN American World Airways checked the quantity, value and nature of goods and accepted the shipment and assured to carry and deliver the same immediately upon payment of freight charges of Rs.26,319/-. The freight charges were paid and defendant No.1 issued an Airways Bill bearing No.026-1044- 2212 dated 22nd October, 1990 in the name of plaintiff. The consignee disclosed in the Airways Bill was FIBI (Switzerland) Ltd. and the party which was to be notified an arrival of the shipment at destination was "Crime Wave Limited" 1466, Broad-Way, New York.