(1) The multimodal transport operator who has not been paid the amount of consideration stipulated in the multimodal transport contract shall have a lien on the consignment and on the documents in his possession.
(2) Notwithstanding anything contained in sections 13, 16 and 18, the period during which the goods arc in possession of the multimodal transport operator in exercise of his right of lien rcfcued to In sub-option (1) shall not be included for the purposes of calculating the time of delay under any of those sections.
23. Notwithstanding anything contained in any other provision of this Ordinance, it shall be lawful for the parties to the multimodal transport contract to include in the multimodal transport document any provision relating to general average.
Explanation.—For the purposes of mis section, "fatiit.idi an-iagc" means loss, damage or expense reasonably incurred in order to avert danger to property in common peril and in the common interest involved in the multimodal transportation.
Special provision for dangerous goods.
Right of multimodal transport operator to have lien \m goods and documents.
10 THE GAZETTE OF JNDlA EXTRAORDINARY IPAKT Jfc.
Limitation on action.
Jurisdiction for instituting action.
Arbitration.
Delegation of power.
Multimodal transport contract to be made in accordance with this Ordinance, Ordinance to override other enactmwits.
24. The multimodal transport operator shall not be liable under any of the provisions of this Ordinance unless action against him is brought within nine months ofc— . ^ (a ) the date of delivery-of the goods, or I ( i ) the date when the goods should have been delivered, or (c ) th£ date on and fconv which the party entitled to "deceive delivery.of-tfae goods has the right to treat the goods as lost Under subsection (2) oJ? section 13.
25. Any party to the multimodal transport contract may institute an action in a court which is competent m$ -W*hin the jurisdiction of whjch is situated one of the following places, namely:— ^ ( a ) the principal place of business, or, in the absence thereof, the habitual residence, of the" defendant; or (£) the. place where the multimodal" transport contract was made, provided that the defendant has a pJase.of business, braneiijM agg^cy *St such place; or ,.-. ._ . ,.,„„ (c ) the place of taking charge of the goods for multimodal feansportation or the place of delivery thereof; or •
(d) any other p l a c e speetfled'-in t he mul t imodal t r anspor t cont rac t and evidenced in t h e mul t imodal - t ranspor t document . :