GUJARAT INSECTICIDES LIMITED Vs. JAINSONS MINERALS

JUDGEMENT

(1.) THIS appeal is filed by the plaintiff against the order of the learned single Judge rejecting the plaint and ordering its return for presentation to a court of competent jurisdiction.

(2.) SINCE the plaint of the plaintiff had been rejected on the ground of territorial jurisdiction, only the material pleas of the parties for purposes of this appeal are being narrated so as to bring the controversy into focus.

(3.) THE plaintiff is a company incorporated under the Indian Companies act and is carrying on the business of manufacture and supply of insecticides and pesticides and agro chemicals to its various customers. The defendant no. 1 is a partnership firm of which the defendant No. 2 is the managing partner. It is the case of the plaintiff that it supplied the pesticides from the year 1989, as ordered by the defendants and as a result of which a sum of rs. 11,55,704/- became due and payable on behalf of the defendants to the plaintiff and towards the part payment of the aforesaid outstanding amount, the defendants issued two cheques of Rs. 5,08,728/- and Rs. 5,51,258/- dated 9. 10. 1995 and 12. 1. 1996 respectively. When the said cheques were presented for encashment, the same were dishonoured and returned unpaid to the plaintiff. The plaintiff in these circumstances issued notice dated 12. 1. 1996 regarding dishonour of cheques and filed the present suit for recovery of Rs. 20,92,086/- along with interest @ 24% per annum with effect from 1. 1. 1999.