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TMI Blog1996 (8) TMI 128X X X X Extracts X X X X X X X X Extracts X X X X ..... right in the view that it took in this behalf. In so far as baggage in transhipment is concerned, the same principle applies and no demurrage is chargeable by the Authority thereon. Appeal dismissed. - 67 of 1990 - - - Dated:- 22-8-1996 - S.P. Bharucha and K.S. Paripoornan, JJ. [Order]. - Leave granted in the S.L.P. 2. Civil Appeal No. 67/90 and the civil appeal arising out of SLP(C) No. 12023/91 impugn the same judgment and order of the Delhi High Court. Civil Appeal Nos. 1656-59/92 impugn another judgment and order of the Delhi High Court. Since both judgments deal with the levy of demurrage by the International Airport Authority of India on baggage, they may be dealt with together. In the former set of appeals the baggage ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aived 80% of the demurrage. It was then reported that the third container was untraceable. 4. The High Court, in the judgment and order under appeal, noted that it had not been seriously contested that the three containers were unaccompanied baggage. It held, upon an interpretation of the relevant provisions, that demurrage was not chargeable by the said Authority on baggage. It also held that, in any event, the Chairman of the Authority ought to have given full waiver of demurrage to the first respondent. In regard to the lost container the High Court ordered the Authority to trace and deliver it or pay the value thereof to the first respondent. 5. When special leave to appeal was granted, it was made clear that, whatever the final out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Airport Authority (Storage and Processing of Goods) Regulations, 1980, made under the provisions of the International Airport Authority Act, 1971. "Cargo" was defined by Regulation 2(b) to mean "any property carried on an aircraft other than mail, stores and baggages". "Demurrage" was defined by Regulation 2(g) to mean "the rate or amount payable to the airport by a shipper or consignee or carrier for not removing the cargo within the time allowed". Mr. Aruneshwar Gupta drew our attention to the regulations that came into force on 26th June, 1993, and submitted that the definitions of baggage, cargo and demurrage therein should be taken into consideration for the purpose of interpreting the 1980 Regulations. He submitted that, upon a tru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tody; we so indicated but learned Counsel for the Authority thought otherwise. There is no dispute that the lost container was landed and placed in the custody of the Authority and that it was untraceable while in its custody. It was, therefore, a case to which the principle of res ipsa loquitur applied. It was for the Authority to give some explanation about how the container became untraceable, whereon the first respondent could have been relegated to a suit. Since there was no explanation whatever, the plea of the Authority that the first respondent should be relegated to a suit was taken only to buy time and the High Court was justified in requiring the Authority to compensate the first respondent for the value of the lost container. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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