this appeal are as follows:
The agent made out three airway bills for shipping of garments
to Spain on behalf of the consignor through ... ONLY/PLS INF CNEE IMM ON ARR/DOCUMENTS
ATTACHED"
The airway bills from Bombay to Amsterdam were dated
25-08-1992 and the consignment
Apeal 7-19+2.doc
consignment enroute to London vide Airway Bill
No.1234581054.
One carton was produced, which contained a pouch of
documents, affixed ... sides. Perusal of the
documents revealed that it was the aforesaid Airway Bill,
where name of the shipper refected as R.C.Patel, 503, Sita
transporting a
consignment worth DM (Deutsche Mark) 1,50,152 by Airway Bill No
09857645545 dated 21.08.09. The named consignee under the airway
bill ... Lufthansa Airways (the second
respondent) at Frankfurt. This was done under terms and conditions
printed on the reverse of the airway bill. On 30.08.1990, Lufthansa
presented to the defendant No.3. These documents included the original Airway Bill, Invoices, Packing List etc. It is alleged in paragraph ... said paragraph 11 that the said delivery was evidenced by the Airway Bill No. 072-2468 dated 14.12.1992. In paragraph 17 of the plaint
also a term of the Letter of Credit that
the Airway Bill was to be issued to the order of the buyer, namely,
ITTIERRE ... payments
to be realized thereunder. The details of the three House Airway Bills
CS (OS) No.302/2010 Page 2 of 32
issued
British Airways, the respondent accepted the consignment in good and sound condition and issued an Airway Bill bearing No. AWB 0936 3911 dated ... none of the complainants/ appellants was found anywhere in the Airway Bill. In terms of Exb. 'A-5', the consignee was Express Freight
through the Bank and on presentment of the consignee's Airway Bills to the accused, the goods of the Invoice would be delivered ... that the said purchaser should get released the original Airway Bills from the Bank after making payment of consideration of the consignment to the said
Narcotics Control Bureau
(NCB), to the effect that a parcel, bearing Airway Bill
No.3261394953, containing narcotics, was lying at the office ... being asked, Ashok Kumar (PW-2) produced a parcel,
bearing Airway Bill No 3261394953, which was found to be a red
fibre bag, to which
attempted to
export 2.4 kgs of amphetamine in a parcel vide Airway Bill No.
466420580086 which was seized on 21.03.2011 at 1604 Hrs at Fedex ... attempting to export 1kg of Ketamine in a
parcel vide Airway Bill No. AWB947312, which was seized from the
premises of Dart Air Services
consolidator and the second defendant also issued House Airway Bill (HAWB) bearing No. SIN0529248 dated 12.09.2007. The second defendant in turn handed over the cargo ... first defendant - Air Carrier who issued Master Airway Bill (MAWB) No.618-5459 9123 dated 12.09.2007 thereby undertaking to carry and deliver the cargo