LAWS(BOM)-2003-3-120

MANMOHAN MUTTAPPA ATTAVAR N KRISHNA BHAT DR K P VASANTHA SHETTY DR K R Vs. HARENDRA SAKARLAL PARIKH MRS MARTHA MAMTHA ATTAVAR SANTOSH MANMOHAN

Decided On March 25, 2003
MANMOHAN MUTTAPPA ATTAVAR, N.KRISHNA BHAT, DR.K.P.VASANTHA SHETTY Appellant
V/S
HARENDRA SAKARLAL PARIKH, MRS.MARTHA MAMTHA ATTAVAR, SANTOSH MANMOHAN Respondents

JUDGEMENT

(1.) THE order dated September 18, 1996 passed in Short Cause Suit No. 4419 of 1993 by the 2nd Additional Principal Judge, city Civil Court, Bombay is the subject matter of challenge in this Civil Revision Application. By the judgment under challenge the learned Judge on the preliminary issues, held that he has pecuniary jurisdiction as also the territorial jurisdiction to entertain and try the suit.

(2.) THE relevant and necessary facts are as under:present Petitioners are original defendant Nos. 1, 5, 9, 10 and 11 respectively, Respondent No. 1 Harendra S. Parikh is the original plaintiff whereas rest of the Respondents are original defendant Nos. 2, 4, 7 and 8 respectively.

(3.) RESPONDENT No. 1, plaintiff and original defendant Nos. 1 to 5, 9, 10 and 11 on the basis of Deed of Partnership were engaged into a trade under the name and style as "indo American Exports" having its head office at Bangalore. The nature of the business being cultivation and dealing in agricultural and horticultural plants and seeds in India and abroad.