JAYTEE EXPORTS v. NATVAR PARIKH INDUSTRIES LIMITED & ORS | Calcutta High Court | Judgment | Law | CaseMine. Soumen Sen, J.:- The plaintiff has filed a suit for recovery of a sum of Rs.37,89,000/- against the defendants jointly and severally. The defendants have contended that the claim in the suit is arising out of a contract of carriage entered into between the plaintiff and the defendant No.4 which contains a forum selection clause in the Bills of Lading being Courts in Singapore and no other Courts inasmuch as the suit is otherwise barred by limitation. In addition thereto, the suit is not maintainable under Section 230 of the Indian Contract Ac, 1872 against the defendant No.1 as it has acted as an agent of a foreign disclosed principal, being the defendant No.4.
The plaintiff on the other hand has pleaded and contended that the cause of action of the suit arose in September, 1998 upon the plaintiff coming to know of the breach of contractual obligations by the defendants. The defendants are guilty of the tort of negligence and/or guilty of wrongful conversion. I. Ii. Iii. Iv. V. C) J.