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1996 Supreme(Kar) 141

MOHAMED ANWAR
INSTRUMENTS INCORPORATED – Appellant
Versus
INDUSTRIAL CABLES (INDIA) LTD – Respondent


MOHAMED ANWAR, J.

( 1 ) THIS appeal by the plaintiff in O. S. No. 2738j81 on the file of the X Additional City Civil Court, Bangalore is filed challenging its order dated July 9,1990 passed on issue No. 4 on the basis of evidence therein, which was framed on the point of jurisdiction, holding that in view of the relevant contractual clause relating to the place of suing in case of dispute arising out of the suit transaction between the parties, it has no jurisdiction to entertain the plaintiffs suit; and, accordingly, notifying the plaintiff under Order 7, Rule 10-A (a) of the Code of Civil Procedure (C. P. C. for short) to represent his plaint to the proper Court.

( 2 ) THE facts giving raise to this appeal may be stated as under:the plaintiff is a proprietary concern engaged in manufacturing of the industrial devices called "flow Meters" for oils, petroleums etc. , and in dealing thereof. Its office is located at Bangalore.

( 3 ) RESPONDENTS Nos. 1, and 2 were defendants in the said O. S. No. 2738/81. They are referred to hereinafter as D1 and D2, respectively. D1 is a private company engaged in industrial activity. It is located at Rajpur of Patiala District in Punjab State. D2 i

































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