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SUNITA AGARWAL, PRANAV TRIVEDI
Globelink WW India Pvt. Ltd. Through Sameer Vireshkumar Patel – Appellant
Versus
Claris Lifesciences Limited – Respondent
ORDER :
Pranav Trivedi, J.
1. The present First Appeal is preferred under Section 13 of the Commercial Courts Act, 2015 read with Section 96 of the Code of Civil Procedure, assailing the correctness of the judgment and order dated 09.01.2023 passed below Exhibit-120 in Commercial Civil Suit No. 563 of 2021 (old Civil Suit No. 1373 of 2011) by the learned Judge, Commercial Court, City Civil Court, Ahmedabad, whereby the learned Judge, Commercial Court, Ahmedabad was pleased to partly decree the suit directing the present appellant – original defendant no. 1 to pay an amount of Rs.17,06,612.46 paise only to respondent no. 1 - original plaintiff with pendente lite and future interest at the rate of 8% from the date of filing the present suit till realization of the amount.
2. The factual matrix which has led to filing of the present appeal is that the appellant – original defendant no. 1 (hereinafter referred to as the appellant) represented respondent no. 1 – original plaintiff (hereinafter referred to as the respondent) about its ability and experience to transport the goods from Ahmedabad, India to Kabul, Afghanistan. The respondent is engaged in the production of pharmaceuticals drug
Transporters are liable for negligence in delivery, and limitation periods under the Transport of Goods Act must be adhered to, with specific conditions for determining when goods can be treated as l....
A party is not entitled to seek relief which he has not prayed for.
Limits of liability specified in rule 22 shall not apply, if it is proved that damage resulted from an act or omission of carrier, his servants or agents, done with intent to cause damage or reckless....
Section 10 of the Carriers Act requires notice of loss but does not apply to non-delivery claims; payment of freight does not negate liability for lost goods.
The suit was declared time-barred under the Hague Rules and the Indian Limitation Act, as it was not filed within the one-year limitation period from the date of non-delivery of goods.
Carriers and their agents retain liability for goods until actual delivery is completed, and failure to deliver constitutes a breach of contract.
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