1999 (7) TMI 705

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....s. Farida Bharucha, Advs. ORDER R.M. Lodha, J. 1. Heard Ms. Sethna, 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....

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....ppear to have been impleaded because they were shipping agents for and on behalf 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 t....

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.... sued on such contracts. The agent in such circumstances is also not entitled 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 c....