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1983 Supreme(SC) 112

P.N.BHAGWATI, SABYASACHI MUKHARJEE
Globe Transport Corporation – Appellant
Versus
Triveni Engineering Works – Respondent


ORDER

1. Special leave granted.

2. This appeal by special leave is directed against an order made by the High Court of Allahabad rejecting the revision application preferred by the appellant against an order made by the Court of Civil Judge, Allahabad holding that it had jurisdiction to entertain the suit filed by the respondents against the appellant claiming damages for the loss suffered by them in respect of the goods carried by the appellant. The goods were entrusted by the consignor to the appellant for carriage at Baroda and under the consignment note issued by the appellant, the goods were to be carried to Naini. It appears that the truck in which the goods were carried met with an accident, as a result of which the goods were damaged and since the goods were delivered to the first respondent who were the endorsees of the consignment note, in damaged condition, the respondents filed a suit claiming damages for the loss suffered by the first respondent. The consignment note contained various terms and conditions of the carriage and one of the terms and conditions was that set in Clause 17 which provided that "The Court in Jaipur City alone shall have jurisdiction in respect of



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