SRI RAMKRISHNA DAS RADHESHYAM, PROPRIETOR, FIRM REPRESENTED BY RAM KRISHNA DAS Vs. SECRETARY, KORAPUT CO-OPERATIVE CLOTH AND YARN SOCIETY LTD., REPRESENTED BY THE LIQUIDATOR MADHAB CHANDRA PANIGRAHI, ASSISTANT REGISTRAR

JUDGEMENT

(1.) DEFENDANT is the Appellant. Plaintiff brought the suit claiming a sum of Rs. 7590/11/ - found on accounting between the parties. According to the Plaintiff's case, he had business in cloth and yarn in 1951 which were to be imported from outside. Defendant was appointed as the Agent for the Plaintiff at Bombay to make purchase as per the allotments made to the Plaintiff every month by the Government of Orissa and to arrange for their despatch to the destination in Orissa.

(2.) DEFENDANT denies Plaintiff's claim. His case is that on accounting a sum of Rs. 1979/4/6 is due to him from the Plaintiff and that the only Court having jurisdiction to entertain the suit is the Court at Bombay as by agreement the parties had settled that all their disputes should be subject to the Bombay jurisdiction.

(3.) MR . B.K. Pal, on behalf of the Appellant, advanced three contentions: