DEEPAK INDUSTRIES LTD Vs. AIRPORT AUTHORITY OF INDIA

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.) Pleadings of the parties would reflect that there is no dispute between the parties that the first consignment, having declared value of the imported goods US $ 9871 reached the Airport at Delhi on 25.9.1997. On 20.5.1998 plaintiff approached defendant No. 1 for customs examination but goods could not be made available. Qua the second consignment it is the admitted position of the parties that the declared value thereof was DM 16398.70. Consignment reached and was placed in the custody of defendant No. 1 on 21.7.1997. Plaintiff obtained order for customs examination on 16.8.1997 but approached defendant No. 1 for lifting the goods on 24.8.1998. Goods could not be located being lost. Qua third consignment admitted position is that its declared value was DM 18743.00 and it reached Delhi on 20.10.1997 and was sought to be cleared on 24.8.1998.