Case Note & Summary
The petitioner, British Airways, challenged an order of the City Civil Court, Mumbai, which answered a preliminary issue on limitation in the negative. The respondent, M/s Bhagwandas B Ramchandani, had filed a suit for damages for loss of cargo. The cargo, containing perishable items, was sent from Mumbai to Canada via the petitioner's airways. Due to bad weather at London Airport, the flight could not depart, and the cargo was damaged and destroyed. The respondent lodged a claim on 13 January 2010 and later sent another consignment on 30 June 2010, which also could not be delivered. The suit was filed on 30 June 2012. The petitioner raised a preliminary issue that the suit was barred by limitation under Section 30 of the Carriage by Air Act, 1972. The trial court held that the limitation period runs from the date of delivery or when the cargo ought to have been delivered, and the suit was within time. The High Court upheld this finding, noting that the order was not perverse and that the writ petition was without merit. The court dismissed the petition, confirming that the suit was not barred by limitation.
Headnote
A) Limitation - Carriage by Air Act - Section 30 - Preliminary Issue - The trial court answered the preliminary issue on limitation in the negative, holding that the suit was not barred by limitation under Section 30 of the Carriage by Air Act, 1972. The court considered that the limitation period runs from the date of delivery or when the cargo ought to have been delivered, and the suit was filed within two years from the date of the incident. (Paras 4-6) B) Writ Jurisdiction - Interference with Interlocutory Order - The High Court declined to interfere with the trial court's order on the preliminary issue, as the order was not perverse or without jurisdiction. The court noted that the trial court had correctly applied the law and that the writ petition was without merit. (Paras 7-8)
Issue of Consideration
Whether the suit filed by the respondent for damages for loss of cargo is barred by limitation under Section 30 of the Carriage by Air Act, 1972.
Final Decision
The High Court dismissed the writ petition, upholding the trial court's order that the suit was not barred by limitation under Section 30 of the Carriage by Air Act, 1972.
Law Points
- Limitation period under Carriage by Air Act
- 1972 runs from date of delivery or when cargo ought to have been delivered
- not from date of claim
- Section 30 of Carriage by Air Act
- 1972 provides two-year limitation period
- Preliminary issue on limitation to be decided as a question of law
- Writ petition against order on preliminary issue maintainable if order is perverse or without jurisdiction.
