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1993 Supreme(Ker) 392

G.RAJASEKHARAN
Nagesh Sales Corporation – Appellant
Versus
Kerala Soaps and Oils Limited – Respondent


Advocates:
K.P. Dandapani, for Appellants; M/s. G.K. Sivasankara Panicker and K.S. Radhakrishnan, for Respondent.

JUDGMENT:-

Defendants 1 and 3 in a suit for money, are the appellants. Plaintiff is the Kerala Soaps and Oils Ltd. First defendant is a Firm M/s. Nagesh Sales Corporation, Kudumol Ranga Rao Road, Mangalore. The other defendants are the partners of the said firm.

2. The plaintiff is a manufacturer of soaps and detergents, and the defendant firm is a dealer of those commodities. The allegation is that the defendant placed Ext. A1 order on 31-3-1983 for supply of certain goods, and the plaintiff respecting that order, has supplied the goods. Exts. A2 and A3 are the corresponding invoices wherein the order number in Ext. A1 is referred to. Exts. A4 and A5 are delivery notes bearing the date 31-3-1983. The delivery notes say :

"With reference to your kind Order No. 92662 dated 31-3-83, we have despatched the following goods to you by M. G. Brothers________"

The defendants have no case that they have not taken delivery of those goods. It is for the price of goods supplied as per the above documents that the suit has been laid.

3. The main contentions are that the Calicut Court has no territorial jurisdiction to entertain the suit, since the order was placed at Bangalore and goods were despat





























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