1999 (7) TMI 705

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the learned Counsel for applicant-defendant No. 3 and Mr. Vipul Shukla, the learned Counsel for plaintiffs. 2. By this notice of motion, the defendant No. 3 prays that suit be dismissed as against them and other consequential reliefs. 3. In support of notice of motion, an affidavit of Mr. Anthony Lobo has been filed and it has been stated therein that the 3rd defendants merely acted as gener .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... alf of the 2nd defendants. In paragraph 2 of the plaint, it is averred by the plaintiffs that the 3rd defendants a private limited company are doing business as shipping agents at Bombay for and on behalf of the 2nd defendants. The plaintiffs have clearly stated in paragraph 3 of the plaint that the goods were entrusted to the 3rd defendants at Bombay on 13-11-1995 and the said goods were accepted .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... to sue in his name. This position emerges from section 230 of Contract Act which reads thus: 230. In the absence of any contract to that effect, an agent cannot personally enforce contracts entered into by him on behalf of his principal, nor is he personally bound by them. Presumption of contract to contrary- Such a contract shall be presumed to exist in the following cases. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X