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2006 Supreme(Del) 1927

PRADEEP NANDRAJOG
TEJ SHOE EXPORTERS (P) LTD – Appellant
Versus
AIR INDIA – Respondent


Advocates Appeared:
H.L.TIKKU, RAJINDER MATHUR, Sanjay Gupta, V.B.Andley, Yashmeet


PRADEEP NANDRAJOG, J.

( 1 ) FOLLOWING 9 issues require adjudication:-1]. Whether the suit is barred by limitation under Rule 30 of Schedule II chapter III of Carriage by Air Act, 1972" 2]. Whether the suit is valued properly for the purpose of court fees and jurisdiction or not" 3]. Whether the plaint is signed, verified and suit instituted by the competent person in accordance with law or not" 4]. Whether there is any privity of contract between the plaintiff and the defendant No. 2" 5]. Whether the actions of defendants in delivering the goods to the ultimate consignee without receipt of payment was illegal without authority and if so to what effect" 6]. Whether the defendants are jointly or severally liable and to what extent" 7]. What are the losses which the plaintiff has suffered on account of wrongful delivery of its consignment by the defendants" 8]. Whether in view of the insurance cover purchased by the plaintiff, is the present suit maintainable" 9]. Whether the claim of the plaintiff stands satisfied in view of the payment already made as per limited liability under the carriage by Air Act, 1972""

( 2 ) PLAINTIFF is an exporter. Harnam Singh is stated to be its directo



































































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