GOA CARBONIC INDUSTRIES PVT. LTD., GOA Vs. BHARAT PUMPS & COMPRESSORS LTD., (A GOVT. OF INDIA ENTERPRISE WHICH IS A SUBSIDIARY OF BHARAT YANTRA NIGAM LTD.) NAINI, ALLAHABAD U.P.

JUDGEMENT

(1.) (Oral)- The Plaintiffs in Special Civil Suit No.138/92/A have filed the present Appeal against the Order dated 17th June, 1999 of the learned Civil Judge, Senior Division at Vasco-da-Gama not only rejecting the plaint filed by the Plaintiffs but also dismissing the suit of the Plaintiffs.

(2.) At the time of arguments, it is conceded that the suit could not have been dismissed but at the most the plaint could have been rejected. The plaint has been rejected for want of territorial jurisdiction in entertaining the same.

(3.) Some more facts are required to be noted to dispose of the present Appeal. The Plaintiffs by their letter dated 29th Sept., 1989, written from Zuarinagar within the jurisdiction of the Court at Vasco-da-Gama, informed the Defendants at Naini, Allahabad that they were interested in purchasing about 1,500 carbon dioxide cylinders of 31 kgs. each and further requiring them to inform the Plaintiffs whether they were in a position to supply the same.