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1976 Supreme(Bom) 219

M.S.APTE, JAHAGIRDAR
Ghatge and Patil (Transport) – Appellant
Versus
Madhusudan Ramkumar – Respondent


Advocates:
C.R. Dalvi, for Applicant; C.G. Gavnekar for M.V. Sali, for Opponent.Tuesday, 16th November, 1976

Judgement

APTE, J. :- The petitioners who were original defendants in the Court below are a public limited company doing business of transport by road and having their Head Office at Kolhapur. They have also sub-offices at different places to accept goods from the clients and to carry them to their destinations and deliver them to the consignees.

2. One of their offices is at Belgaum and also one at Pimpri within the limits of the Municipal Corporation of Poona.

3. The respondent is a shop styled as M/s. Madhusudan Ramkumar of which Shamsunder Lalchand Mundada is the proprietor. It is doing business of dealing in cloth at Poona.

4. It appears that the respondent-plaintiff placed an order for some handloom sarees with one Harinarayan Govindlal Zanvar of Shahapur, which is a suburb of Belgaum, Harinarayan Zanvar on receiving this order, entrusted a bundle containing sarees ordered by the plaintiff to the defendants at their Belgaum office under what is called 'Goods Forwarding Note' at Exh.72. At the top of this note it was written in Italics in brackets "Subject to Kolhapur Jurisdiction." This Note is in the form of a request by the consignor to the defendants to accept these goods for





































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