JACOB GEORGE Vs. MACWORLD INDUSTRIES LTD (LL08375)

JUDGEMENT

(1.) The 2nd defendant in O.S.No.25 of 2018 on the files of the Subordinate Judges Court, Kottarakkara, is the petitioner herein. The 1strespondent is the plaintiff, and the 2ndrespondent is the 1st defendant.

(2.) Brief facts of the case are that the plaintiff filed the suit for the realisation of money to the tune of Rs.8,59,28,232.00, from the defendants and their assets jointly and severally. The parties are referred to as they appear in the original suit. The 1stdefendant is the proprietor of Emmanuel Cashew Industries, which is engaged in processing raw cashew nuts into cashew kernels and exporting the same from India to other countries. The 2nddefendant is the proprietor of a trading house named J. J. Trading. The 1stdefendant introduced the 2nddefendant to the plaintiff's company, and based on the request made by the defendants, the plaintiff entered into an agreement in December 2016 for the purchase of raw cashew nuts from the defendants. Based on the undertaking, the defendant agreed to sell 1250 metric tonnes of raw cashew nuts to the plaintiffs for a total value of USD 2,174,400/-. The defendant furnished security for the proper conduct of the business by depositing the original title deed of immovable property with the plaintiff. Accordingly, the plaintiff transferred the entire amount of USD 2,174,400/- to the defendants' account. Unfortunately, only 485.436 metric tonnes of raw cashew nuts were shipped instead of the agreed quantity of 1250 metric tonnes. The plaintiff demanded a refund of the balance amount, and the plaintiff issued a notice to the defendant claiming the amount as per the notice dtd. 15/1/2018, which the defendant acknowledged, but they did not settle the amount, and therefore, the suit was laid.

(3.) On entering appearance, the defendants filed Ext.P2 application challenging the maintainability of the suit regarding jurisdiction. The plaintiff filed an objection to the said application as Ext.P3. A similar application was filed by the 1stdefendant, as I.A.No.190 of 2019. Both the applications were considered together, and a common order was passed as Ext.P4, holding that the trial court has jurisdiction to try the suit, and the matter cannot be referred for arbitration. The petitioner challenges the same before this Court in this original petition filed under Article 227 of the Constitution of India.