ANIL K.SEN, J. - (1.) This revisional application at the instance of the defendant in a suit for recovery of damages for breach of a contract of sale of goods raises a short point as to whether such a suit can be entertained by a Court within whose territorial jurisdiction the price was payable.
(2.) The plaintiff company has its registered office at 10, Jackson Lane, Calcutta. On May 31, 1978, at Bangalore the plaintiff entered into a contract with the defendant carrying on business at Mandanapalle, Andhra Pradesh for purchase of 400 bags of Tamarind to be despatched to Sodepur for delivery. The contract further provided that the defendant would present through their banker, Indian Bank, Main Branch, Brabourne Road, Calcutta, the railway receipt with their bill for payment by the plaintiff. The defendant failed and neglected to despatch the goods. The plaintiff had to purchase the goods at a higher price and hence they filed the suit for recovery of damages suffered by them for the breach of the said contract by the defendant.
(3.) The suit, being Money Suit No. 271 of 1979 was filed at the City Civil Court, Calcutta, within the jurisdiction of which Court the offices of the plaintiffs banker and the defendant's banker, Indian Bank were situate. The defendant filed a written statement to contest the claim. On the pleadings of the parties a preliminary issue was raised as to whether the City Civil Court, Calcutta, had any territorial jurisdiction to entertain such a suit.;