RAMNATH EXPORTS PRIVATE LIMITED Vs. CHAIRMAN AIR INDIA

JUDGEMENT

(1.) This is a suit for recovery on account of cost of goods shipped by the plaintiff for delivery to the buyers at Denmark booked through the defendants. The plaintiff firm is engaged in business of import and export. The case of the plaintiff in brief is that the plaintiff was placed with an order from Denmark buyer M/s. Gording Skofabrik A/S, Alunden 2,6690 Cording, for supply of 3000 pairs of leather Shoe Uppers to be consigned to M/s. Gording Skofabrik A/S, Alunden 2, 6690 Gording, Denmark through their agent M/s. Senn-Nordica Aps, Denmark vide his Telex Message No. 12610-LJ dated 24.11.80 and plaintiff proforma invoice No. 213/80-1353 dated 18.12.80 for Rs. 2,30,193.75 duly confirmed by the consignee.

(2.) The plaintiff firm at the first instance shipped 30 packages containing the footwear uppers vide their invoice No. 213/81-1266 for Rs. 1,15,608.75 under Air India Airway Bill No. 098-32259861 dated 7.3.81 from Delhi to Esbjerg Airport, Copenhagen, Denmark. The plaintiff firm thereafter shipped the balance 30 packages of the consignment under the order of the buyer and shipped the same under Air India Airway Bill No. 098-32260163 dated 12.3.81.

(3.) The shipment under Airway Bill dated 12.3.81 was duly delivered to the consignee in Denmark. The consignment under Airway Bill dated 7.3.81 which was airlifted from Delhi to Bombay on Flight No. AI-195 dated 13.3.81 and from Bombay to Luxemberg Germany on Flight No. AI-2044 dated 16.3.81 was not delivered to the consignee.