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2001 Supreme(Del) 1362

V.S.AGGARWAL
AIR INDIA – Appellant
Versus
SHYAM ANTENNA ELECTRONIC PRIVATE LIMITED – Respondent


Advocates Appeared:
A.B.DAYAL, MANISH GARG, Navnit Mishra

V. S. AGGARWAL

( 1 ). The Air India (hereinafter describe as the plaintiff) has filed the present suit pleading that the plaintiff is engaged in the business of carriage by air of passengers and cargo. The defendant (Shyam antenna Electronics (P) Ltd.) through its agent freight wings Travels (P) Ltd on 12/1/1991 booked with the plaintiff 11 packages of electronic goods vide the bill dated 12/1/1991 for moscow. The shipment consisting of the said packages of electronic goods was received by the cargo department of the plaintiff on 16/1/1991. As per Government of India regulations consignments have to undergo cooling off period of 36 hours before they could be air lifted on the plaintiff s flight, after the receipt of the consignment by the plaintiff. As per instructions of the defendant the shipment was transferred to the Aeroflot Airlines on 17/1/1991 for transportation of shipment to Moscow. The defendant by its letter of 24/6/1991 requested the plaintiff to bring the shipment back to Delhi. The defendant in its letter of 24/6/1991 confirmed its liability to pay the freight and other charges. The plaintiff had sent a message to Moscow to return the said consignment. The Aeroflot de




















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