JSL LIMITED Vs. XSTRATA COAL QUEENSLAND PTY LTD

JUDGEMENT

(1.) This suit has been filed by the plaintiff after declaration and permanent injunction with following prayers:

(2.) After perusal of the agreement relied upon by the plaintiff this Court had doubt about the maintainability of the suit in India and heard arguments on the issues of jurisdiction and maintainability.

(3.) It is submitted by the Counsel for the petitioner that Article 12 of the contract entered into between the parties on 6th June, 2008 ( date at the end of the agreement is 8.7.2008) was vitiated by fraud since the respondent had not disclosed about its interest in England. England was chosen as a neutral country by both the parties on the assurance given by the respondent that it had no business interest in England. However, later on it was revealed that respondent had business interests in England and therefore Article 12 of the Agreement was vitiated by fraud and this Court will have jurisdiction.