Legal Question in Admiralty Law in New York
Delivery without Bill of Lading
We are a manufacturer based in India. In Aug 2001 we shipped goods to an importer in New York, on D/P Sight basis. B/L was made to the order of the buyer's bank, and was sent to his bank. The carrier has released goods without B/L to buyer, and we have not yet recd our payment.
It is a little over 1 year since goods were delivered by carrier. What is the time limit for moving against the carrier if US law is applicable?
If we hv exceeded the time-bar, can the delay be condoned because the importer was promising to make the payment throughout the one year, and we were not aware that he has taken delivery of the goods?
Is this a criminal offence?
2 Answers from Attorneys
Re: Delivery without Bill of Lading
You can proceed against the carrier. I suppose that they have proper agents or representatives in India. Since you are based in India, proceeding agaisnt the carrier will be more effective - remedy wise and cost wise - rather than going to the US. If you provide me with details of the transaction, I might be able to help you.
Re: Delivery without Bill of Lading
Dear Sir,
Prima facie it appears that the goods in
question was delivered without B/L by the carrier
to the buyer's bank / importer. Normally, in
practice it is not possible by any carrier to
release the goods without B/L. If you place
complete records with us, then we shall actually
guide you what course of action we shall take.
However, you are vested with following legal
remedies :-
1. To pursue legal action in India against
carrier's / carrier agent in India for their
criminal negligence.
2. To arrest the carrier's vessel in India. This
shall be possible only when the importer expressly
denies in writing that he has not received the
cargo from the concerned carrier. Or else, you
can initiate legal action under "Attachment before
Judgement" - Order 38 of Civil Procedure Code,
1908.
3. To pursue legal action as per US laws against
importer, if the importer has defrauded you for
non-payment and has acknowledge the receipt of cargo.
4. To take-up the matter before concerned P & I
club in which the concerned vessel of the carrier
is insured / entered.
Regarding limitation period of 1 year, you shall
take legal action within the period of 1 one year.
This period of one year shall start from the
date of offence / negligence committed by the
carrier. No delay is condoned. However, this
limitation period is applicable only in case of
arrest and attachment of vessel.
In my opinion, you must initiate immediate legal
action against offenders without further delay.
Please confirm the receipt of message.
Regards,
Kamal V. Verma [Advocate],
T.H.X. - 48,
Adipur - Kutch,
Kandla Port,
Gujarat - 370 205. India.
Telefax : 0091-2836-62010.
E-mail : [email protected]
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