HARSUKH DAMADIA Vs. WALTER LABORATORIES PVT. LTD.

JUDGEMENT

(1.) This is a suit for price of goods sold, supplied and delivered. It has been described as the agreement for supply of medical components of raw materials at the rate as, may be specified and ordered by the defendant as well as payments by way of cheques and cash both made at the plaintiffs place of business at 1/10, Premchand Boral Street, Calcutta within the aforesaid jurisdiction. Therefore, a leave was granted under Clause 12 of the Letter's Patent by a Single Bench of this Court on 13th Aug., 1999. There is no dispute in respect of territorial jurisdiction of the suit.

(2.) Since the suit was instituted in the year 1991 within the ordinary there is also no dispute as regards the pecuniary jurisdiction of this Court.

(3.) Plaintiff pleaded in the plaint that the account was mutual upon current and continuous accounts. He has also pleaded about part payments made by the defendants from time to time and also acknowledgement of jural relationship made by the defendant in various correspondence and pleadings. Therefore no part of the plaintiffs claim is barred by Law of Limitation.