AIR CONTROL AND CHEMICAL ENGINEERING CO. LTD. THROUGH SHRI B.C. JOSHI DY. GENERAL MANAGER Vs. UNION OF INDIA (UOI) THROUGH SECRETARY MINISTRY OF FINANCE DEPARTMENT OF REVENUE,

JUDGEMENT

(1.) PLAINTIFF a manufacturer of auto parts brings an action against Airport Authority of India and Union of India for recovery of Rs. 35,25,000/ - on the allegation that, for manufacture of its product, it imported goods under 3 invoices. On import, goods had to be cleared by the custom authorities and pending clearance were kept under the custody of Airport Authority of India. Goods got stolen while in custody of Airport Authority of India. On import, plaintiff had to effect payment to the foreign supplier. For one of the consignment even custom duty was paid. As a result of loss of the goods while in custody of Airport Authority of India, not only did the plaintiff suffer loss on account of payment made to the foreign supplier but even suffered loss of reputation and damages, apart from custom duty paid on one of the consignment.

(2.) DEFENDANT No. 2 has chose not to file written statement and was proceeded ex -parte. Defendant No. 1, Airport Authority of India has, while admitting import of the goods and custody thereof, defended on the plea: -

(3.) ON 12.2.2004 following issues were framed: -