FOREIGH COMPANY Vs. VISHAL EXPORT OVERSEAS LTD

JUDGEMENT

(1.) Rule. Mr. Sunit Shah waives service of rule for the respondents.

(2.) In order to appreciate the controversy involved in the present petition it is necessary to note the relevant facts which are as under;

(3.) Learned counsel for the petitioner submitted that in a suit filed for breach of contract the cause of action would arise where the contract was made or where it was to be performed. In the present case both the parties have expressly agreed that the place of making of the contract is New Delhi as stated in the contract and the place of performance of the contract is Mumbai and Umm Qasr, Iraq.