K KISHINCHAND & AIRLINES AGENCY Vs. AIR FRANCE
LAWS(BOM)-2017-12-273
HIGH COURT OF BOMBAY
Decided on December 05,2017

K Kishinchand And Airlines Agency Appellant
VERSUS
AIR FRANCE Respondents

JUDGEMENT

B.P. Colabawalla, J. - (1.) This Summons for Judgment has been filed on behalf of the Plaintiff seeking that a Judgment be entered against the Defendant in the sum of Rs.3,17,22,879/- being the principal sum together with interest at the rate of 18 % per annum. The claim in the present suit arises on the basis of the invoices raised by the Plaintiff on the Defendant which are annexed at Exhs C-1 to C-18 of the plaint.
(2.) The Plaintiff, being a partnership firm, carries on the business of custom clearing and forwarding as a Custom House Agent for foreign airlines. The Defendant is a limited liability company incorporated under the Laws of France and is in the business of carrying passengers and cargo from one destination to the other worldwide in aircrafts owned and / or leased by it.
(3.) On 6th October, 1989 the Defendant appointed the Plaintiff as its Custom House Agent for clearing and forwarding the material imported by the Defendant into Mumbai as well as for export purposes. On 6th October, 1989, the Defendant addressed a letter to the Assistant Collector of Customs at Air Cargo Complex, Sahar, informing him that the Plaintiff has been appointed with immediate effect to clear various materials imported and exported by the Defendant until further notice. A copy of this letter was also forwarded to the Plaintiff.;


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