Calcutta High Court
Ganesh Grains Ltd vs Naval Agarwal on 16 February, 2015
Author: Soumen Sen
Bench: Soumen Sen
ORDER SHEET
GA No.382 of 2015
With
CS No.331 of 2014
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
GANESH GRAINS LTD
Versus
NAVAL AGARWAL
BEFORE:
The Hon'ble JUSTICE SOUMEN SEN
Date : 16th February, 2015.
Appearance:
Ms. S. Mukherjee, Adv.
Ms. A. Abdullah, Adv.
Mr. A. Ghosh, Adv.
The Court : This is an application for revocation of leave under Section 12 of the Letters Patent. It is submitted on behalf of the defendant that no material part of the cause of action has arisen within the jurisdiction to this Court. The goods in question were supplied to the defendant at its office at Diamond Harbour which is admittedly outside the jurisdiction of this Court. The suit is filed for recovery of price of goods sold and deliver. The plaint contains averments which show that part payments have been received within jurisdiction and on the principle that the debtor must seek the creditor, in my view, the suit is maintainable in this Court.
The application, accordingly, stands dismissed. However, there shall be no order as to costs.
(SOUMEN SEN, J.) B.Pal