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1970 Supreme(Cal) 241

GHOSH
SUNDARDAS THACKERSAY AND BROS. – Appellant
Versus
NEW COMMERCIAL MILLS CO. LTD. – Respondent


Advocates Appeared:
Bhabra

GHOSE, J.

( 1 ) THIS application has two parts. It is made for revocation of leave under Clause 12 of the Letters Patent granted to institute the suit being suit No. 3371/69 in this court on the ground that the balance of convenience of trying this suit is overwhelmingly in favour of a court at Ahmedabad, Secondly, this application is for stay of the suit filed in this court in view of a Clause contained in the agreement between the parties which provides that the claim of the plaintiff as made in this suit should be tried by a competent court in Ahmedabad. In other words, according to the applicant the parties bargained that although this Court and an appropriate court at Ahmedabad both have jurisdiction to entertain or try the suit, the claim of the plaintiff which is involved in the present suit should be tried by an appropriate court at Ahmedabad. The applicant has prayed for stay of this suit on the basis of the said term of the bargain between the parties.

( 2 ) THE claim of the plaintiff in this suit is for the recovery of a sum of Es. 32,949. 28 P. declaration that the accounts of the dealings and transactions between the plaintiff and the defendant upto July, 1969 stood












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