1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR APPEAL AGAINST ORDER NO.29/2010 Shri Radhe Trading company ..versus.. Shri Shivshakti Rice Mill. Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Shri Gode, counsel for the appellant. Shri Khandewale, counsel for the respondent. C ORAM : K.U.CHANDIWAL, J. DATED : 23rd JULY, 2010. Heard. The appellant-plaintiff allegedly supplied goods against bills through broker. Police complaints were lodged wherein statement of the defendant or his agent was recorded, bills were also produced in the enquiry before the Police authorities, bills demonstrated, they were raised by the plaintiff from Gondia, where he carries the business. The broker is at Gondia, who was also examined in preliminary enquiry. The learned Judge should have been conscious that the plaint as well documents warrants, to decide the point of territorial jurisdiction. His observation, touching to the merits of the transaction, was certainly uncalled for, when parties were not on issues. The observation to the extent of merits of the claim needs to be excluded. Then comes to the jurisdiction, it is obvious that the goods were supplied/lifted from Shahapur and order places as per the directions of the plaintiff-appellant, 2 allegedly supplied to the defendant at Thane. In the situation, the Court at Thane shall have jurisdiction to entertain and try the suit. The order is modified to the extent as above. Appeal against order is allowed to the extent as above. No costs. (K.U.Chandiwal) JUDGE. Khunte