SHIPPING CORPORATION Vs. MACHADO BROTHERS

JUDGEMENT

(1.) The Shipping Corporation of India has filed all these revisions. The petitioner is the defendant in O.S. No. 5100 of 2001. Interim injunction was granted restraining the termination of agency in I.A.No. 14780 of 2001. C.R.P. No. 3278 of 2001 is against the order passed in I.A.No. 15301 of 2001 which was for suspension of the interim injunction granted in I.A.No. 14780 of 2001. C.R.P.SR. No. 85896 of 2001 is filed invoking Article 227 of the Constitution of India for dismissing the suit O.S. No. 5100 of 2001. C.R.P.SR. No. 85899 of 2001 is filed invoking Article 227 of the Constitution of India for dismissing the suit O.S. No. 4849 of 2001, which is also filed by the respondent.

(2.) The petitioner appointed the respondent herein as its Steamship agent. The agreement which forms the substratum of the relationship between the parties is dated 3.6.1988. According to the agreement, Article 31, the appointment of the respondent would be in force for a period of six months subject to review and it shall continue indefinitely subject to cancellation. It may be terminated by mutual consent of the parties or on ninety days notice in writing given by either parties to the other. Article 40 of the agreement provides that "Courts in Bombay alone will have jurisdiction". Article 41 is the Arbitration Clause and it provides that "the finalisation of such arbitration shall be Bombay and Courts in Bombay will alone will have the jurisdiction."

(3.) The respondent filed O.S. No. 4212 of 1995, when the petitioner issued an order of termination on 23.2.1995. The suit was filed for declaration and permanent injunction restraining interference with the respondents acting as agents. The agency of the respondent was with regard to vessels at Tuticorin Port. Interim injunction was asked for and the same was granted. The matter came up before this Court in C.R.P. Nos. 2690 to 2693 of 1995. In these revisions the lack of jurisdiction of Courts at Chennai to try the dispute was raised. It was held by the learned Judge that this plea of jurisdiction can be gone into at the time of trial. The civil revision petitions were all dismissed on 24.11.1998. The interim injunction is still in force. The suit is also pending.