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1952 Supreme(Bom) 26

N.H.COYAJEE
Bombay Steam Navigation Co. Ltd. – Appellant
Versus
Union of India – Respondent


Judgment -

1. In this summons which is taken out by the defendant it is asked that the leave granted by my brother Tendclkar J. under clause 12 of the Letters Patent should be revoked.

2. The plaintiffs have filed this suit to recover a certain amount from the defendant under a contract. The offer was made from Bombay to the defendant at Belgaum by letter by the plaintiffs to transport certain logs of teak wood from the Kanara forests to Marmagoa and from Marmagoa to Karachi. The offer of the plaintiffs was accepted by the defendant by their officers letter posted to Belgaum. It is contended that in those circumstances no part of the cause of action has arisen in Bombay and therefore leave should not have been given. The plaintiffs in para 13 of the plaint say that the said contract was finally arrived at in Bombay when the acceptance of the offer was communicated to and received by the plaintiffs in Bombay.

3. The facts of this case are very simple. The offer was made by post from Bombay to enter into a particular contract. The offer was communicated to the defendant at Belgaum and the defendant accepted the offer at Belgaum by posting a letter which was received by tho plaintiffs

















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