- (1.) The respondent in this application as plaintiff has filed the above suit with leave under Clause 12 of the Letters Patent, inter alia, for a decree for Rs.5,58,314.00. The respondent's case is that under a contract made between the parties by its offer dated 9th March 1983 for supply of hessian bags and accepted by the petitioner by its letter of acceptance, dated 22nd March 1983, the respondent supplied hessian bags to the petitioner. According to the respondent, the letter of acceptance and the order were sent by the petitioner from its office at Mahanagar, Lucknow outside the aforesaid jurisdiction and the same were received by the respondent at his office at 68, Cotton Street, Calcutta, within the aforesaid jurisdiction. It is further stated by the respondent that the said hessian bags were inspected by the petitioner's representative at the respondent's office within the jurisdiction of this Hon'ble Court. The respondent duly delivered the entire contractual quantity of hessian bags to the petitioner at various places in the State of U. P. outside the jurisdiction of this Hon'ble Court and the petitioner paid 90% value of the said goods aggregating to Rs. 31,27,411/-. The respondent has filed the above suit for recovery of the balance of the price of the said goods.
(2.) The petitioner's case is that the goods supplied by the respondent were not of contract quality and specification and as a result whereof the petitioner has suffered loss and damage for a sum of Rs. 7,43,058.35. The petitioner has also denied that it has office at Calcutta within the original side Jurisdiction of this Court or that goods were inspected at Calcutta within the said jurisdiction.
(3.) Clause 4 of the letter of acceptance contains, inter alia, the following terms :- "Any dispute arising out of this contract will be settled in a Court of law at Lucknow.";