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1968 Supreme(Guj) 28

N.G.SHELAT
D. N. BHAGWATI – Appellant
Versus
PRABHAKAR MADHAVRAV JAMBERKAR – Respondent


Advocates Appeared: DAULAT C.TRIVEDI, K.S.NANAVATI

N. G. SHELAT, J.

( 1 ) THE facts giving rise to this petition broadly stated are that the petitioners Nos. 1 and 2 are the General Manager and the Service Engineer respectively of the Indequip Engineering Ltd. Ahmedabad. The Indequip Engineering Ltd. has been manufacturing and supplying machines such as Drying Range Machine to various industrial concerns. One such machine was supplied to the Aruna Mills Ltd. in Ahmedabad. After supplying the same that machine was erected and handed over to the Aruna Mills Ltd. on 2-5-67 as per the specifications and other terms and conditions mentioned in the correspondence exchanged between the two Companies. The respondent No. 1 has been working as the Manager of the Aruna Mills Ltd. and respondent No. 2 was working as a Sales Representative of the Indequip Engineering Ltd.

( 2 ) AT about 3-55 p. m. on 1st June 1967 an accident took place in the Bleaching Department of the Aruna Mills Ltd. which resulted in injuries to three workers employed in the said Mills. That led Mr. U. A. Pandya the Inspector of Factories to visit the Mills on that very day and he made necessary inquiry about the accident. Then the State of Gujarat at the instance of the Le









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