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2004 Supreme(Raj) 284

N.S.HEGDE, B.P.SINGH
Shipping Corporation of India Limited – Appellant
Versus
Machado Brothers – Respondent


Advocates Appeared:
C.A.Sundram, P.R.Kovilan, Advocates

Honble HEGDE, J.–Heard learned counsel for the parties.

(2). Leave granted.

(3). These two civil appeals arise out of a common order made by the High Court of Madras at Chennai in Civil Revision Petition (P.D.) No.309 of 2003 and CMP No.2222 of 2003. By the above order, the High Court upheld an order made by the City Civil Court at Chennai in I.A.No.20651 of 2001 in O.S.No.4212 of 1995. The said I.A. filed under Section 151 C.P.C. by the appellant herein was for the dismissal of the suit O.S.No.4212/95 which was filed by the respondent herein on the ground that the said suit had become infructuous.

(4). The facts necessary for the disposal of these appeals are as follows:

The appellant herein had appointed the respondent as the Steamship Agent of the appellant for the purpose of handling tankers, bulk carriers, and tramp vessels, calling at the port of Tuticorin. It is the contention of the appellant that the said agreement provides for termination of the contract. On being dissatisfied with the conduct of the respondent, invoking the said clause of termination and for the reasons mentioned therein, by a notice dated 23.2.1995, the appellant terminated the said contract of agency. The










































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