MAHINDRA AND MAHINDRA LIMITED Vs. AMBUJA MOTORS

JUDGEMENT

(1.) The petitioners above named have preferred this petition under Section 115 of the Code of Civil Procedure, 1908 (for short `the Code') challenging the order dated 1st May, 1999, recorded by the learned 2nd Jt.Civil Judge (J.D.), Ahmedabad (Rural), below application Exh.34 in Regular Civil Suit No.710 of 1998, whereby the learned trial Judge found that the Ahmedabad Court had jurisdiction to entertain the suit and therefore the application Exh.34 came to be dismissed by the said order of the learned trial Judge.

(2.) The facts may be briefly stated as follows: The respondent herein instituted aforesaid civil suit being civil suit No.710 of 1998, before the Civil Court at Ahmedabad (Rural), stating that the petitioners above named have committed breach of contract and therefore the respondent filed a suit for a relief for a perpetual injunction restraining the petitioners from terminating the dealership in favour of the respondent for Mahindra and Mahindra Limited in respect of Dholka Taluka of Ahmedabad District. There are other prayers also made in the plaint.

(3.) There is no dispute between the parties that the parties entered into a contract for dealership. The respondent is a dealer of tractor and the petitioners are the manufacturers of the tractors. There was a contract between the petitioners and the respondent for dealership of those tractors to be sold in Dholka Taluka of Ahmedabad District. The contract is not in dispute. It has been effected on 31st March, 1998. The petitioners address a letter to the respondent dtd 31st March, 1998, and the respondent reciprocate the same and gave a positive response and signed the said contract and returned it to the petitioners. Therefore, the contract took place between petitioners and respondent. The contract is in writing signed by both the parties. This fact is not in dispute.