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1979 Supreme(Mad) 56

ISMAIL
Renown Biscuit Co. , Bombay – Appellant
Versus
Kamalanathan – Respondent


Advocates:
K. Chandra Mouli, for Petitioner V.V. Lakshminarayanan, for Respondent.

Judgement

ORDER :- The defendant in O.S. No. 1317 of 1975 on the file of the Court of the District Munsif, Coimbatore, is the petitioner herein. The suit was filed by the respondent herein for recovery of a sum of Rs. 2,500 on the basis of the appointment of the plaintiff-respondent as the sole selling distributor for the biscuits manufactured by the petitioner in the Districts of Coimbatore and Nilgiris on 5-7-1961, and on account of the transactions that took place between the parties, the plaintiff-respondent claiming to be entitled to the amount in question. The petitioner raised a preliminary objection to the jurisdiction of the Court of the District Munsif, Coimbatore. The petitioner's case was that Cl.13 of the agreement entered into between the parties contemplated the courts situate in the City of Bombay alone having jurisdiction to entertain any, dispute between the parties. The existence of such a Clause in the agreement is not disputed. Equally, as part of the cause of action arose within the Court of the District Munsif, Coimbatore, there is no dispute that that court has jurisdiction. In view of this, the petitioner's case is that notwithstanding the fact that in law t










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