SWATCH LIMITED Vs. PRIYA EXHIBITORS PRIVATE LTD

JUDGEMENT

(1.) PLAINTIFF company Swatch Limited, registered under the laws of switzerland, has filed the present suit for recovery of money amounting to chf 97,554. 18 (Rs. 3,511,950. 48/-) against the defendant.

(2.) UNDISPUTED facts as pleaded in the plaint are that the plaintiff company entered into a distribution agreement with the defendant for watches manufactured by the plaintiff in the territory of North and East india for a term of 3 years from March 1, 2000 to February 28, 2003. Subsequent to February 28, 2003, plaintiff supplied watches to the defendant amounting to CHF 47,554. 18 (approximately Rs. 17,11,950. 48/-)during the month of July, 2003 and raised seven invoices dated 10. 7. 2003, 21,7. 2003,21. 7. 2003,28. 7. 2003,28. 7. 2003,30. 7. 2003,30. 7. 2003 for the said amount. Besides plaintiff has also claimed imprest amount from the defendant amounting to CHF 50,000 and accordingly raised a demand on the defendant for the payment of the said amounts totaling to CHF 97,554. 18 vide letter dated 12. 4. 2006 within 21 days.

(3.) IN para 14 of the plaint, it is averred by the plaintiff that as per article 17 of the of the distribution agreement any dispute arising out of it between the parties is to be governed by and interpreted and construed in accordance with Swiss laws and law of limitation under the Swiss Law is 10 years as per general rule set out in Article 127 of the Swiss Code of Obligations. Therefore, plaintiff has claimed that the suit is within the period of limitation. Plaintiff has claimed that Courts at Delhi has the jurisdiction to entertain the present suit as defendant has its registered office in Delhi. The cause of action has arisen in Delhi as the goods were supplied by the plaintiff at Delhi and the business of the defendant is conducted from Delhi.