MALHOTRA CARD MANUFACTURERS Vs. ASHTBHUJ OCEAN MOVERS

JUDGEMENT

(1.) This appeal has been preferred against judgment and decree dated 3rd February 2004 of the Additional District Judge, Delhi, whereby counter claim of Rs.4,98,347/- of the Appellant/ defendant has been dismissed not on merit but by holding that it is time barred and the suit of the Respondent/plaintiff for recovery of Rs.1,73,878/- with pendentelite and future interest @ 9% per annum has been decreed with costs.

(2.) The broad facts of this case are that the Appellant firm is engaged in the business of forwarding of freight by Air and Sea and the Respondent firm had handed over five shipments for onward delivery by Air Freighting on 10th December, 1998 with the pre-condition that the above said five shipments should definitely reach the destination at Uganda by 15th December, 1998. Respondent had advised the Appellant to send the above said shipment through Gulf Air by paying extra freight of almost Rs.60,000/-, so that the said shipment would reach the destination by 16th December 1998 positively.

(3.) Appellant had agreed to send the above said five shipments through Gulf Air Carrier to Uganda on the assurance given by the Respondent that the said consignment would reach the destination by 16th December 1998. However, the aforesaid consignment of the Appellant was off-loaded on the way by Gulf Air and it could not reach the destination in time and the buyer of the Appellant were not able to distribute the Christmas Cards, Diaries, Calendar and Promotional items in time and so the payment of the Appellant was stopped, which led to loss of business worth lacs of rupees and the Appellant had to visit Uganda to settle the issue of delayed receiving of goods and on that account, counter claim was made for not receiving the entire payment of the goods, expenses incurred for travelling to Uganda and back and damages on account of loss of future business etc. Whereas, the suit of the Respondent pertained to the recovery of the outstanding principal amount of Rs.1,73,878/- with interest towards the air freight charges for the above said five shipments.