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1983 Supreme(Bom) 235

V.V.JOSHI
South Eastern Railway through, General Manager, Calcutta and another – Appellant
Versus
Govindlal Gopikisan Mundra and others – Respondent


JUDGMENT - Joshi,V.V. J.-In this Second Appeal the original defendants Nos. 1(A) and 1(B) have challenged the decree of the Courts below directing the appellants to pay an amount of Rs. 3,632.25 and proportionate costs of the suit with interest at 6 per cent per annum on Rs. 36,000 from the date of suit till realisation, to the plaintiffs the present respondents Nos. 1 and 2 as damages caused to the plaintiffs by the appellant-railways as carriers on account of non-delivery and short delivery of the goods con-signed to the railways for carriage. The main contention of the appellants in this second appeal is that the trial Court at Gondia had no jurisdiction to entertain the suit as against the appellants.

2. The plaintiffs who are real brothers and grain dealers at Gondia, carry on grain business in the name and style “Mathuradas Kaluram Mundra” at Gondia in Bhandara District, On 2-6-1966 respondent No. 3 M/s Nathuram Chandulal, General Merchants at Katabhanji in Orissa State, entered into a contract with the respondents Nos. 1 and 2 to sell 220 bags of Gram-DaL But of these 220 bags, 100 bags were to be sold at Rs. 125 per bag weighing 100 kgs. each and the remaining 120 bags each





























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