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1994 Supreme(Bom) 409

E.S.DA SILVA
P. R. Sukeshwala and another – Appellant
Versus
Devadatta V. S. Kerkar and another – Respondent


JUDGMENT - Dr. E.S. DA SILVA, J. :---The petitioners challenge in this writ petition under Article 227 of the Constitution of India the order of the learned Civil Judge, Senior Division, Panaji, dated 10-4-1990 in Special Civil Suit No. 174/89/A.

2. By the aforesaid order the learned Civil Judge has dismissed with costs two applications made by the petitioners under Order 7, Rule 11 of Civil Procedure Code seeking the rejection of the plaint in the suit filed against them by the respondents.

3. The respondents had filed this suit for damages in respect of the petitioners alleged negligence in making proper arrangements with regard to supply of air tickets sold to the respondents by the petitioners for a trip to foreign countries. The petitioner No. 1 is the District Sales Manager of KLM Royal Dutch Airlines based in Bombay while the petitioner No. 2 is the Manager of Air Travels Agency known as Thakkar Travel Services in Goa.

It is the case of the respondents in the suit that they had travelled by the air flight of KLM Royal Dutch Airlines and because no proper service was rendered to them recovery of damages is required to be sought. It appears that after the petitioners were served
























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