sinr02 ‘SCC Online | Doe View (1966) 1 SCR 656 : AIR 1966 SC 543 In the Supreme Court of India (Before K.N. Wanchoo, M. Hidayatullah and J.C. Shah, 1.) BHAGWANDAS GOVERDHANDAS KEDIA .. Appellant Versus GIRDHARILAL PARSHOTTAMDAS AND CO., AND OTHERS ... Respondents Civil Appeal No, 948 of 1964 decided on August 30, 1965 Advocates who appeared in thi A.V. Viswanatha Sastri and Bishan Narain, Senior Advocates (S. Murthy and B.P. Maheshwari, Advocates, with them), for the Appellant; G.B. Pai, Advocate and J.B, Dadachanji, 0.C, Mathur and Ravinder Narain, Advocates of J.B. Dadachanji and Co, for the Respondents. The Judgment of the Court was delivered by J.C. Suaw, J.— Messrs. Girdharilal Parshottamdas & Company — hereinafter called “the plaintiff” — commenced an action in the City Civil Court at Ahmedabad against the Kedia Ginning Factory & Oil Mills of Khamgaon — hereinafter called “the defendants” for a decree for Rs 31,150 on the plea that the defendants had failed to supply cotton sced cake which they had agreed to supply under an oral contract dated July 22, 1959 negotiated between the parties by conversation on long distance telephone, The plaintiffs submitted that the cause of action for the suit arose at Ahmedabad, because the defendants had offered to sell cotton seed cake which offer was accepted by the plaintifis at Ahmedabad, and also because the defendants were under the contract bound to supply the goods at Ahmedabad, and the defendants were to receive payment for the goods through a Bank at Ahmedabad. The defendants contended that the plaintiffs had by a message communicated by telephone offered to purchase cotton seed cake, and thev (the defendants) had accented the offer at Khameaon. that under the contract deliverv of the eoods contracted for fie:13C:/Usors/AmanDesktop/SCC Online _ Doc View hn!