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1977 Supreme(P&H) 107

D.S.TEWATIA
Surinder Kumar Arora – Appellant
Versus
Bengal National Textile Mills Ltd. , Calcutta – Respondent


Judgment

1. This revision petition arises out of a small cause suit for the recovery of Rs. 1,500.00 by way of refund of the said amount allegedly representing excess price paid by the plaintiff (petitioner herein) to the defendant Company (respondent herein) on account of goods supplied by the latter to the former.

2. The defendant Company challenged the jurisdiction of the trial Court. The issue relating thereto was tried as the preliminary issue. The same having been held against the plaintiff, so this revision petition at its instance.

3. Before proceeding to examine the question pertaining to jurisdiction, a few relevant facts bearing on the said issue may be taken notice of. These can be stated thus:

4. The plaintiff Surinder Kumar Arora is the sole proprietor of the concern known and styled as Quality Textile Mills, Katra Jallianwala, Amritsar, while the defendant Company is the Bengal National Textile Mills Limited with its registered office at 87, Dharamtola Street, Calcutta. Admittedly, the defendant Company also has a Branch Office at Amritsar. The plaintiff concern was engaged in the manufacture of woollen textiles. The distribution of the woollen yarn, which the plainti












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