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1997 Supreme(Del) 756

D.K.JAIN
R AND D ENTERPRISES (EXPORTS) – Appellant
Versus
AIR FRANCE – Respondent


Advocates Appeared:
G.N.AGGARWAL

D. K. Jain,j.

( 1 ) A short but interesting point arising in the matter is whether the amount of court fees payable in a suit for recovery of money against an international air carrier, falling within the ambit of [the] Carriage by Air Act, (69 of 1972) (hereinafter REFERRED TO to as the ACT) is to be computed ad-valorem, on the amount claimed or it can be paid on a tentative value, taking shelter under Rule 22 (5) in the IInd Schedule to the Act on the plea that the plaintiff, who seeks conversion of foreign currency in the Indian Rupee, is not aware of the exact amount likely to be awarded, because it has to be worked out on the exchange rate prevailing on the date of judgment in the suit.

( 2 ) PLAINTIFF no. 1 is a proprietory concern of plaintiff no. 2. Defendant no. 1, Air France, is an international airways. Defendant no. 2 is the consignee of goods based in New York. The plaintiff s case is that they consigned fifty packages of garments of the weight of 555 Kilograms from Delhi to New York for defendant no. 2; out of it, 26 packets were lost in transit, making the entire consignment unsaleable, unacceptable and useless; the plaintiff suffered loss of the entire 50 packages (












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