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1953 Supreme(Bom) 20

P.B.GAJENDRAGADKAR, D.V.VYAS
Bata Shoe Co. Ltd. – Appellant
Versus
Union of India – Respondent


Judgment - Gajendragadkar, J.

1. This revisional application raises a short but important question as to the jurisdiction of the Court of Small Causes at Bombay to entertain a suit against the Union of India representing the B. B. C. I. Railway having its head office at Bombay. The suit has been filed to recover Rs. 844-7-0 as the value of certain goods. The plaintiffs case is that these goods were sent by the plaintiff-company from Agra Fort to Bikaner to be carried over by the B. B. C. I. Railway. In the process of transport, the full consignment was damaged and was not delivered to the consignee. The value of the goods short-delivered is claimed by the plaintiffs as damages from the Union of India.

2. For the defendant a preliminary point of jurisdiction was raised. It was urged on their behalf that, since the cause of action had accrued wholly outside the jurisdiction of the Court of Small Causes, it was not competent to that Court to entertain the present suit. This plea was met by the plaintiffs on the ground that the Union of India carries on business within the local limits of the Bombay Small Cause Court within the meaning of Section 18, Sub-section (b), Presidency Smal






























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