Final Order 1

Order Details: Other
Pdf Text: CORAM : H. H. J. SHRI. A. V. KHARKAR (C.R. No.15)
Adv. Shivali Khadke h/f Adv. Deepak Jamsandekar for Plaintiff present.
Adv. Ashish Agarwal for defendant present.
Heard arguments of both sides on N.M.
ORDER ON N.M. 614/18.
The is N.M. by the defendant challenging the Jurisdiction of this court on the
ground that, the defendant has a placed of Business at Kerala. The goods were to be
supplied at Kerala and no cause of action has approved in the Jurisdiction of City
Civil Court. Further the permission granted by the Hon'ble High Court Under Clause
12 of Letters Patent would not confirmed on Jurisdiction on this court. The reason
being which are transferred to the City Civil Court from the Hon'ble High Court are
being to have been instituted in this court originally.
The Counsel for Plaintiff has submitted that, the leave has been granted by the
Hon'ble High court in letters patent.
I have gone through the clause no. 16 of the plaint which sets out the
Jurisdiction. The Clause refers to the world Contract which contents a stipulation
that the money is paid at Mumbai and on the disputes are subject to Mumbai
Jurisdiction.
A perusal of the work orders collectively and Exhibit E” (Colly) would show
that, the payment was to be made at Mumbai or Silvasa Bank at that all the disputes
are subject to Mumbai Jurisdiction only. This shows that, both parties had agreed
that the dispute should be referred to court at Mumbai. This court has jurisdiction
to decide the suit. N.M. No. 614/2018 stands disposed off accordingly.
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