JUDGEMENT
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(1.)CM No.16599/2014 (Exemption)
Exemption allowed subject to just exceptions.
CM stands disposed of.
CM No.16675/2014 (delay)
For the reasons stated in the application delay in refiling of 15 days is condoned. CM stands disposed of.
C.R.P.No. 147/2014
1. Challenge by means of this petition under Section 115 of the Code of Civil Procedure, 1908 (CPC) is to the impugned order of the trial court dated 9.5.2014 by which the trial court has held that the courts at Delhi have no territorial jurisdiction in view of the agreed clause 20 of the purchase order placed upon the petitioner/plaintiff, and which clause 20 provides that territorial jurisdiction will be of the courts at Kolkata.
(2.)The subject suit under Order XXXVII CPC was filed by the petitioner/plaintiff placing reliance upon the invoices of supply. Originally, the suit was decreed ex parte, but the ex parte decree was set aside on the ground that respondent/defendant was not served in the suit. After appearing, leave to defend was granted and the respondent/defendant was directed to file the written statement. In the written statement an objection was raised as to the lack of territorial jurisdiction in the Delhi courts by placing reliance upon clause 20 of the purchase order.
(3.)There is no dispute that the purchase order which contains the clause 20 was placed upon the petitioner/plaintiff prior in time to the invoices which have been drawn by the petitioner/plaintiff showing the supply of the goods/steel bars to the respondent/defendant. Once contract is concluded in terms of the purchase order, and which purchase order contains a specific clause giving territorial jurisdiction to the courts at Kolkatta, in my opinion, the court below has rightly relied upon the recent judgment of the Supreme Court in the case of Swastik Gases P. Ltd. Vs. Indian Oil Corporation Ltd., 2013 9 SCC 32 to hold that such a clause 20 will give exclusive jurisdiction, to the Kolkata courts and it is not required that for conferring exclusive jurisdiction, the words 'only' or 'exclusively' etc should be used in the territorial jurisdiction clause.
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