SAWHNEY BROTHERS Vs. AMERICAN PRESIDENT LINES LTD

JUDGEMENT

(1.) THE complainant M/s. Sawhney Brothers despatched in August, 1991 certain consignment of Ready Made Garments (blouses) to importer M/s. Ivory International, Miami, U.S.A. The consignee was South East Bank N.A., Miami, Florida, U.S.A. The Bank was to deliver the goods to the importer on presentation of Bills of Lading and other documents. U.S. S 623 were payable as freight by the importer at destination to the carrier American President Lines Ltd. (for short APL) on acceptance of the cosignnment. According to the complainant, the importer M/s. ivory International could not take delivery from the respondent carrier APL because of the embargo imposed by the Government of U.S.A. on import of blouses. In consequence, the carrier concelled the order for import, and refused to take deli very from the consignee Bank.

(2.) ACCORDING to the complainant the importer, at the instance of the shipper, had instructed the carrier APL to put the cargo in customs bonded warehouse at Miami till further instructions.

(3.) IN February, 1992 the complainant filed the complaint before this Commission claiming U.S. $ 80,498.00 as per details below :