OTS LIMITED Vs. UNITED INDIA INSURANCE COMPANY LTD

JUDGEMENT

(1.) BY this application the defendant/petitioner has challenged the order dated 4.8.2007 passed by Sub -Judge -IV at Bokaro in Money Suit No. 21 of 2006 whereby he has rejected the application filed by the petitioner making a prayer for return of the plaint on the ground that the Court at Bokaro has no jurisdiction to (sic) the suit.

(2.) THE plaintiff -United India Insurance Company filed suit against the present petitioner and others for a decree for payment of Rs. 15,17,889.00 which the plaintiff -Insurance Company paid to the insured in terms of the Insurance Policy. The insured/Bokaro Steel Plant purchased certain machines and machineries from M/s I harat Aluminium Company Limited, Korba. The insured had booked the muehineries for transportation of the same from Korba to Bokaro Steel City with defendant/petitioner. Defendant/petitioner was entrusted with the said insured goods for its transportation to Bokaro. When the goods were not delivered by the petitioner to the consignee - Bokaro Steel Plan at Bokaro, claim was lodged with the plaintiff/Insurance Company. The, plaintiff in terms of the insurance policy settled the claim and (sic) the insured by making payment of Rs. 15,17,849.00 (Rupees fifteen lacs seventeen thousand eight hundred (sic)). In consideration of the settlement, the insured executed letter of Shbrogation and Special Power of Attorney in favour of the plaintiff for recovery of the said amount from the petitioner/carrier. Hence, this suit was filed.

(3.) ADMITTEDLY , goods were booked from Korba for safe delivery to the destination statior at Bokaro. In my considered opinion, the Court at a place where goods were to be delivered has jurisdiction to entertain the suit both under the provisions of Sales of Goods Act and also under Sec. 20 of the Code of Civil Procedure.