SHREYANS INDUSTRIES Vs. STATE OF U P

JUDGEMENT

(1.) RULE returnable forthwith. Heard finally by consent of Shri Purohit, learned Counsel for the appellant, and Shri Dhote, learned Assistant Government Pleader for the respondents.

(2.) SHRI Purohit, learned Counsel for the appellant/plaintiff, states that the appellant/plaintiff had filed a suit for recovery of price of goods sold by the appellant to the respondents/defendants. The appellant is manufacture of super enamelled copper wire. The respondent No. 2 invited tenders for supply of copper wire. The appellant's offer was accepted and order was placed. As per agreement between parties, goods were to be dispatched by train and documents were to be submitted through Bank. It is contended that 95% of the price was to be paid while getting documents realised from the Bank and 5% amount was to be paid within thirty days on inspection of goods. It is submitted that appellant supplied goods worth Rs. 88,93,704. 06 and as against that, defendants made payment of Rs. 83,16,145. 15 and balance amount of Rs. 5,77,558. 91 remained to be paid to the appellant by the respondents. It is contended that in spite of repeated reminders to the respondents, they failed to pay the balance amount and, therefore, appellant was constrained to file Special Civil Suit No. 343/1991 for recovery of amount of Rs. 5,77,558. 91 with interest at the rate of 21% per annum from 1-7-1988 till filing of the suit.

(3.) LEARNED Counsel Shri Purohit further states that preliminary objection regarding jurisdiction of the trial Court was raised by the respondents. However, the said application was rejected on the ground that it is a mixed question of law and facts and same would be decided at the time of final hearing of the suit. It is contended that the trial Court has framed four issues and issue No. 3-A pertains to jurisdiction of the trial Court. The trial Court finally recorded a finding that it does not have jurisdiction to try the suit and plaint was returned to the appellant as per provisions of Order VII Rule 10 of the Code of Civil Procedure to be presented in the competent Court at Lucknow having jurisdiction.