SHANTHI HOMES PVT LTD Vs. CREF FINANCE LTD

JUDGEMENT

(1.) HEARD Sri K. Suman for Sri C. V. Nagesh the learned counsel for the petitioners and Sri G. L. Vishwanath the learned counsel for the respondent.

(2.) THE brief facts leading to this petn. are that the respondent filed a suit in O. S. 15045/2001 on the file of the 26th Addl. City Civil Judge, Mayo Hall, Bangalore, for recovering the suit amount from the petitioners herein. When the suit was pending, the petitioners filed I. A. III under S. 20 of CPC to dismiss the suit in limine or to return the plaint for proper presentation before the appropriate Court on the ground that that Court had no territorial jurisdiction to try the suit. After hearing both the parties, the Court has rejected I. A. III vide order dt. 11-10-2001. As against that order, the defendants/ petitioners herein have preferred this petition.

(3.) THE learned counsel for the petrs. vehemently argued that in view of the agreement and also the memorandum of understanding, the jurisdiction of all other Courts have been excluded agreeing to file the dispute only before the Court at Bombay. In spite of that, the respondent filed the suit in the Court at Bangalore, which has no jurisdiction to try the case. Therefore, he submitted that the Court below has committed an error in not allowing the I. A. as sought for.