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1982 Supreme(Cal) 218

A.K.SEN, S.N.SANYAL
PATEL ROADWAYS PVT. LTD. – Appellant
Versus
BATA INDIA LTD. – Respondent


Advocates Appeared:
HIRAK MITRA, SATYENDRA PROSAD SEN, SUMIT KUMAR CHAKRABORTY

ANIL K. SEN, J.

( 1 ) IN this revisional application, which is being heard as a contested one, a short point arises for our consideration as to whether a stipulation in a contract for carriage of goods to the effect that Bombay court alone would have jurisdiction in respect of claims with regard to goods entrusted for carriage would oust the iurisdiction. of the Alipore Court to entertain a suit for damages for non-delivery of such goods at the instance of an assignee of a consignment note, though such court has otherwise iurisdiction to entertain the suit.

( 2 ) ACCORDING to the plaintiff/opposite party certain textile goods valued at Rs. 29,842. 91 were delivered to the de-fondant company, a common carrier at their Pondicherry Office for carriage to Balanagar against 3 consignment notes. The defendant having failed to deliver the goods so entrusted to them, the plaintiff as the assignee of the consignment notes instituted Money Suit No. 20 of 1976. In the plaint, the claim was laid on 3 alternative grounds, namely. (1) damages on the ground of non-delivery of the goods so entrusted. (2) damages for breach of the contract for carriage and (3) damages for wrongful detention and/o









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