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BOMBAY HIGH COURT
M. P. Kanade, *R. S. Bhonsale, JJ.
Road Transport Corporation (M/s.) and Others v. M/s. Kirloskar Brothers Ltd. and Others
| Table of Content |
|---|
| 1. plaintiffs' claim for short delivery. (Para 1 , 2) |
| 2. defendants' contest on subrogation and jurisdiction. (Para 3 , 5 , 6 , 7) |
| 3. trial judge's findings on negligence. (Para 4 , 8 , 10) |
| 4. validity of the insurance claim and subrogation. (Para 12 , 14) |
| 5. jurisdiction issues raised by defendants. (Para 15 , 16) |
| 6. consideration of consignment notes as contracts. (Para 18 , 20) |
| 7. jurisdiction based on contractual agreement. (Para 22 , 24) |
| 8. exemption clauses and notice requirements. (Para 34 , 36) |
| 9. confirmation of trial court's jurisdiction. (Para 44 , 51 , 52) |
1. This appeal is preferred by original defendants challenging the judgement and decree passed by the learned Civil Judge, Senior Division, Sangli, decreeing the plaintiff's suit for recovery of the amount of Rs. 16,252.06/- together with, interest at 6% per annum from the date of the suit till the date of realisation and also awarding the costs of the suit from the defendants.
2. The facts leading to the filing of the suit by the plaintiffs in the trial court are as under:
Plaintiff No.1 is a well known manufacturer of farm machinery and pumps in India and plaintiff No. 2 is an Insurance company registered under
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