Bhatia Shipping and Agencies Pvt Ltd v Alcobex Metals Ltd - QBD (Com Ct)(Julian Flaux QC sitting as a Deputy High Court Judge) - 20 October 2004

Multimodal transport documents - Shipper alleging goods misdelivered - Whether claim time-barred - Whether carrier entitled to declaration of non-liability against shipper

In February 2002 the claimant carrier contracted with Alcobex Metals Ltd ("Alcobex") to carry eight boxes of bronze tubes from Mumbai, India to Stafford, England via Avonmouth. The contract of carriage was contained in or evidenced by two multimodal transport documents ("MTDs") issued by the claimant to Alcobex pursuant to the Indian Multimodal Transportation of Goods Act 1993. The claimant's obligation as Multimodal Transport operator was to deliver the goods in exchange for one of the three originals issued in the case of each MTD. Clause 22 of the standard conditions on the reverse of each MTD provided: