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1988 Supreme(Del) 204

MAHESH CHANDRA
INDIAN BIOTECH COMPANY PRIVATE LIMITED – Appellant
Versus
ASSAM STATE CO-OP. MARKETING AND CONSUMERSFEDERATION LIMITED – Respondent


Advocates Appeared:
ARUN MOHAN, CHETAN SHARMA, K.B.Soni, Manish Kochhar, S.Bhartari, S.N.KUMAR

Mahesh Chandra, J.

( 1 ) THIS order would dispose of I. A. No. 8431 of 1987 filed by the defendant under Order 37 Rule 3 (5) Civil Procedure Code seeking leave to defend the suit No. 230 of 1987 filed for recovery of Rs. 13,44,145. 00 under Order 37 Civil Procedure Code by the plaintiff. The application is opposed on behalf of the plaintiff. I have heard the learned counsel for the parties and have gone through the file and after giving my considered thought to the matter before me, I have come to the following findings : The plaintiff has filed this suit for recovery of price of wheat seed supplied to the defendant by it on the basis of agreement dated 1st October 1984. The contention of the defendant is that this court has no territorial jurisdiction to try this suit as no part of the cause of action arose at New Delhi, that the suit is not maintainable under Order 37 CPC; that the claim of the plaintiff is neither tenable nor bonafide. It has further been urged that on 26th September, 1984 the plaintiff had offered to supply 40,000 quintals of wheat seed to the defendant and the defendant had made aconditional acceptance vide letter dated 1st October, 1984 and this seed was requ







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