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1978 Supreme(AP) 244

A.GANGADHARA RAO
E. I. D. Parry (India) Limited – Appellant
Versus
Savani Transports Pvt. Ltd. , Secunderabad – Respondent


A. GANGADHARA RAO, J.

( 1 ) THE substantial question of law I have to decide in this second Appeal is whether the Hyderabad court has jurisdiction to try the suit in question?

( 2 ) THE plaintiff is the Appellant. He entrusted a consignment of hybrid bajra seeds to the defendant M/s. Savani transport (private) Limited on 12/05/1970 under Bill No. 4137 to be carried from Kurnool to Rajkot. Those two consignments were seized on 2/06/1970 by the Sales Tax Authorities at Hyderabad while in transit from Kurnool to Rajkot. The goods were detained in the godown of the defendants branch, The plaintiff complains that since was lost and thereby he had sustained a loss of Rs. 4668- 40. He failed the suit in the court of the IV Asstt. Judge, City Civil court, Hyderabad. The defendant resisted the suit stating that the seizure was valid and in spite of repeated correspondence the plaintiff failed to take further steps for the onward transit of the consignment. The defendant denied that he had wilfully detained the goods. The defendant alleged that on account of the mistake committed by the plaintiff in not furnishing the necessary permit at the time of check, he had suffered loss on account of th









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