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2007 Supreme(Del) 2427

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 director. Plai


























































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