NEW INDIA ASSURANCE CO. Vs. DELHI AHMEDABAD ROADWAYS

JUDGEMENT

(1.) THE present suit has been instituted by the plaintiffs against the defendant for recovery of Rs. 1,95,680 /-.

(2.) IT is stated in the plaint that the defendant is the common carrier of goods, who carries on the business of transportation of goods of its customers from one place to another for hire and reward. Several truck load consignments containing car components were consigned through the defendant from Kandla to Gurgaon and the said consignments were contracted to be delivered to the plaintiff No. 2 at their works which is located at Gurgaon on door delivery basis. The aforesaid suit consignments were tendered to the defendant for carriage at Kandla and were delivered at the works of the plaintiff No. 2 at Gurgaon. It is alleged that some of the packages out of each of the suit consignments were delivered by the defendant in badly damaged condition, and accordingly there was a loss to the plaintiffs which is sought to be recovered through the present suit.

(3.) SINCE the defendant has raised a preliminary objection with regard to jurisdiction of this Court, this Court decided to take up the said issue as a preliminary issue and accordingly, I have heard the Counsel appearing for the plaintiffs as also the defendant only in respect of the issue with regard to want of jurisdiction. The Counsel for the parties did not address me on the issue of the other preliminary objection raised in the written statement concerning the arbitration clause in the Agreement and accordingly, for the present, I am required to consider the issue with regard to want of territorial jurisdiction of this Court to try and decide the present suit.