GOLDEN PEACOCK OVERSEASE LTD Vs. RANJIT INDUSTRIES

JUDGEMENT

(1.) The present Appeal has been filed by Golden Peacock Overseas Limited (hereinafter referred to as the appellant, for short') against the Order dated 29th September, 2005 allowing IA No. 7437/2005 filed by M/s.Ranjit Industries and others, (hereinafter referred to as the respondents for short) holding that no cause of action or part thereof had arisen within the territorial jurisdiction of this Court. The plaint was accordingly directed to be returned to be filed before a Court of competent jurisdiction under the provisions of Order VII, Rule 10 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code, for short).

(2.) The appellant had filed a suit for recovery of Rs. 20,80,568.53 and for injunction against the respondent. It was stated in the plaint that the appellant had been dealing with the respondent for over 15 years and had trained and taught it's engineers to manufacture internationally acceptable products. It was further stated that the respondent had agreed and given an undertaking that they shall not deal with the overseas buyers of the appellant directly and shall not do any business for two years after termination of business between them. It was stated that the respondent had violated/breached their undertaking.

(3.) Learned counsel for the appellant had drawn our attention and relied upon paragraphs 7, 11 and 12 of the plaint. For the sake of convenience, these paragraphs are reproduced below:-