H R D ENTERPRISES Vs. AMTEX AMBIENCE LIMITED

JUDGEMENT

(1.) . M/s H.R.D. Enterprises is a partnership concerned. A civil suit has been filed for recovery of Rs.7,10,384.00 against the defendant (Amtrex Ambience Ltd.). It has been pleaded that the defendant company had appointed the plaintiff as a dealer in respect of air conditioner and air conditioning units being marketed by the defendant. The defendant company had promised to pay the commission/remuneration. Accordingly, the firm commenced the work as a dealer of the defendant company and in such capacity effected sales of the products marketed by the defendant. It also provided after sales services. As per instructions of the defendant the plaintiff was required to book orders and intimate the same to the defendant who was thereupon to raise direct bills in the names of the customer. Other details are not relevant for purposes of the present order and suffice to say that plaintiff filed the suit for his remuneration alleging that the civil court at Delhi has the jurisdiction to entertain and adjudicate upon the present suit because plaintiff was appointed as a dealer by the defendant at Delhi and the defendant is to make the payment at Delhi. By and large all sale and work was executed at Delhi.

(2.) . In the written statement filed the defendant contested the suit. Besides other pleas it has been pleaded that the civil Court at Delhi has no Jurisdiction to entertain the suit and only the civil court at Ahmedabad has Jurisdiction to try the suit as per agreement between the parties.

(3.) . Issues had been framed by this Court on 6/11/2000. vide order passed on 12/01/2001 issue No. 4 was treated as preliminary issue and it reads as under:-