Supreme Court · 1996 INSC 381 · Decided 13 March 1996

M/S. South East Asia Shipping CO. LTD. v. M/S. Nav Bharat Enterprises PVT. LTD. and ORS.

Court
Supreme Court of India
Citation
1996 INSC 381 · [1996] 3 S.C.R. 405
Case number
CIVIL APPEAL No. 1116/1981
Decided
13 March 1996
Bench
K. RAMASWAMY, K. VENKATASWAMI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC Section 20(c)

Headnote

B Code of Civil Procedure, 1908: Section 20(c). Suit-Jurisdiction-Cause of action-Contract executed at Bom­ bay-f'eifonnance of contract also required to be done at Bombay-Bank guaralltee in furtherance of contract executed at Delhi-Transmission of C guarantee to Bombay for peifonnance of against enforcing bank guarantee-Held not maintainable-Held no part of cause of action had wisen at Delhi-Held execution of bank guarantee at Delhi and transmission to Bombay for pe1for­ mance of contract does not constitute cause of action to lay suit in D Delhi-Retum of plaint for

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