TMI Blog1996 (3) TMI 471X X X X Extracts X X X X X X X X Extracts X X X X ..... ation to the proper court. Appeal allowed. - - - - - Dated:- 13-3-1996 - Ramaswamy, K. And Venkataswami K. (J),JJ. JUDGMENT This appeal by special leave arises from the order of the Division Bench of the Delhi High Court made on February 19, 1980 in FAO (OS) No.56/79. The respondents had filed a suit on the original side of the Delhi High Court for perpetual injunction against the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ormance of obligations and liabilities under the contract was required to be done in Bombay inasmuch as Cargo of livestock was to be transported in the ship from Kandla to Damman or Jeddah. It is also an admitted position that in furtherance of the execution of the contract at Bombay, the respondents had executed the bank guarantee at Delhi and had transmitted it to Bombay for performance of the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts, which taken with the law applicable to them, gives the plaintiff a right to claim relief against the defendant. It must include some act done by the defendant since in the absence of such an act no cause of action would possibly accrue or would arise. In view of the admitted position that contract was executed in Bombay, i.e., within the jurisdiction of the High Court of Bombay, performanc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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