S SUBRAMANIAN Vs. JUSTIN MORRIS

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the fair and decreetal order dated 21.07.2015 in I.A.No.98/2013 in O.S.No.148/2011 on the file of the District Munsif at Tambaram.

(2.) The petitioner are defendants and the respondents are plaintiffs in the suit in O.S.No.148 of 2011 on the file of the District Munsif Court, Tambaram. The respondents filed the above suit for declaration to declare that the agreement dated 10.12.2010 entered between the 1st petitioner and the petitioners 2 to 5 as null and void, unenforceable, ineffective and not binding upon the respondents. The petitioners 2, 3 and 4 filed written statement on 19.07.2012 and also filed I.A.No.98 of 2013 on 14.02.2013 to reject the plaint filed by the respondents in O.S.No.148 of 2011 filed under Order VII Rule 11 CPC.

(3.) According to the petitioners 2, 3 and 4, the respondents developed a software product named after "GINGER" for the purpose of communicating simultaneously in multiple modes, such as video conferencing, video calling, instant messaging, etc., for use in Mobile Phones and Personal Computers. The 1st petitioner and the respondents negotiated for marketing the said business. Number of negotiations were held at Belgium. All the respondents have participated in the negotiations and the terms were agreed upon. The respondents 1 to 3 authorised the first petitioner to act on their behalf and the first petitioner signed the agreement on 10.12.2010 on behalf of all respondents. The respondents did not comply with the terms of the agreement and petitioners initiated legal proceedings in Commercial Court in Belgium and the said Court passed judgment on 03.06.2011 and the same is binding on the respondents. No cause of action has arisen within the jurisdiction of Sub Court, Tambaram and to create cause of action, the respondents 1 to 3 have made the first petitioner as first defendant in the suit. The suit is hit by principles of resjudicata in view of the judgment of Belgium Court.