OLD VILLAGE INDUSTRIES LIMITED Vs. BRITISH AIRWAYS

JUDGEMENT

(1.) Whether suit is time barred? (I-A) Whether suit filed is maintainable ?

(2.) Issue Nos. 1 & 1-A; The only contention raised before me is that the suit on the face of it is time barred and thus, is not maintainable and is liable to be dismissed.

(3.) The facts of the case as averred in the plaint, in brief, are that on 17.4.81, the plaintiff through its shipping agents entrusted the deft. two consignments for carriage & freight collect basis to the consignee M/s. Inwear Limited, Montreal (Canada), of the total value of Rs. 2,22,850.00 and the deft. M/s. British Airways issued airway bills which are dt. 17.4.81, pff. is stated to have not heard from the deft. regarding the arrival of the said consignments at the destination for a considerable period and made inquiries vide letter dt. 1.5.81 and its shipping agents vide letter dt. 9.5.81. It is admitted in the plaint that the deft. had vide letter dt. 18.8.81 informed the pff's shipping agents to give instructions for alternate disposal of the consignments inasmuch as the consignee had refused to take delivery of the consignments. It is not necessary to refer to other facts stated in the plaint although ultimately the deft. intimated the pff. vide letter dt. 16.6.83 that as no instructions had been received for alternate disposal of the consignments the same had been given to a charitable organisation on 13.5.82, So, the pff. claims the amount in the suit with interest @ 10% per annum as compensation for the non delivery of the consignments.