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2017 (1) TMI 1472 - HC - CustomsActing contrary to the Bill of Lading - Held that: - there is no privity of contract between the plaintiff and the second respondent. Reliance made by the learned counsel for the appellant/defendant No. 1, on the Customs Act, 1962, does not help his case, as were not concerned with the authorisation qua a transhipment. On the contrary, it is a case of the violation of Terms of Contract by one party leading to a suit filed for damages based upon it. In the same way, the question of limitation would not arise. When there is no authorisation given to on the part of the appellant, the unilateral exercise undertaken and the goods being damaged, then the responsibility lies on it as rightly found by the Courts below - appeal fails and is dismissed.
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