SKOL BREVERIES LTD Vs. J D WINES

JUDGEMENT

(1.) This is an application filed on behalf of defendants 2 to 7 and 9 under Order 7 Rule 11 of the Code of Civil Procedure for rejection of the plaint on the ground that this court has no territorial jurisdiction to try and entertain the present suit in view of the exclusion clause printed on the invoice, as per which the High Court of Haryana (Only) will have jurisdiction. It is also submitted that the suit has not been filed by a duly authorized person as the agreement between the plaintiff and M/s. Mahalaxmi Traders has come to an end and thus Sh. Ashok Chawla, who has instituted the present suit, is not competent and authorized to file the present suit. The necessary facts to be noticed in this case are: The plaintiff has filed the present suit for recovery of Rs. 3,64,98,598/- (Rupees Three crore sixty four lakhs ninety eight thousand five hundred ninety eight only) with respect to beer supplied at the request of the defendant.

(2.) Mr. G.L. Rawal, learned Senior Counsel, appearing for the plaintiff has pointed out that out of the aforesaid amount, Rs. 1,00,00,000/- (Rupees One crore only) stands paid by the defendants pursuant to the orders passed by the courts at Punjab & Haryana in an application filed by the defendants 6 to 9 for grant of anticipatory bail.

(3.) It is submitted by the counsel for the defendants, applicants that the unit of Skol Breveries Limited is situated at G.T. Road, Murthal, Sonipat (Haryana); the goods were supplied from this unit to the godown of the defendants which is situated at Gurgaon, and, thus no part of cause of action has arisen within the jurisdiction of this court, besides the exclusive clause contained in the invoice. Learned counsel for the applicants has placed strong reliance on the invoice filed by the defendants. According to clause 14 of the invoice "any dispute in connection with the above shall be subject to the jurisdiction of High Court of Haryana (only)". Counsel for the defendants relying on the aforesaid clause, submits that the present plaint be returned to the plaintiff, as this court does not have territorial jurisdiction to try and entertain the present suit.