Supreme Court allows counterclaim for loss of business opportunity despite lack of notice under Carriage by Road Act, 2007: ESSEMM Logistics vs. DARCL Logistics Limited (2023) INSC 4712 (1 May 2023)

/ Carriage by Road Act, 2007, Carriage by Road Act, 2007 with Section 16, Civil Procedure Code, 1908, Civil Procedure Code, 1908 with Order VII Rule 11, Civil Procedure Code, 1908 with Order VIII Rule 6-A(4), Consignment, Judges, Pankaj Mithal, V. Ramasubramanian

Supreme Court Allows Counterclaim Despite Lack of Notice in Logistics Dispute LEGAL ISSUE: Whether a counterclaim for damages related to loss of business opportunity, reputation, and overheads requires a mandatory notice to a common carrier under Section 16 of the Carriage by Road Act, 2007, similar to claims for loss or damage to consignment. CASE […]

Supreme Court allows counterclaim for loss of business opportunity despite lack of notice under Carriage by Road Act, 2007: ESSEMM Logistics vs. DARCL Logistics Limited (2023) INSC 4712 (1 May 2023) Read Post »