VESTAS RRB INDIA LTD Vs. DAMMAR LINES

JUDGEMENT

(1.) 1.1. This is an Application taken out by the first defendant in the Suit, seeking the issue of a "Third Party Notice" under Order 8-A(1) of the Code of Civil Procedure read with Order 5-A of the High Court Original Side Rules, for the purpose of claiming contribution towards the Suit claim from a third party, who is not a party to the Suit.

(2.) I have heard Mr. S. Raghunathan, learned counsel for the applicant/first defendant, Mr. K. Bijai Sundar, learned counsel for the third respondent/third party against whom the relief is sought for and Mr. Nageswaran, learned counsel appearing for the respondents 1 and 2, who are the plaintiffs in the Suit.

(3.) MR. K. Bijai Sundar, learned counsel appearing for the third respondent filed the Sea Way Bill dated 22.11.2002, along with the Annexure containing the terms and conditions. This Sea Way Bill constituted the contract between the first defendant and the third respondent. Clause 12 of the Terms and Conditions, relates to "Law and Jurisdiction" and it reads as follows:". 12. Law and Jurisdiction:Except as otherwise provided specifically herein any claim or dispute arising under this Sea Way bill shall be governed by the law of the Federal Republic of Germany and determined in the Hamburg Courts to the exclusion of the jurisdiction of the Courts of any other place. In case the Carrier intends to sue the Merchant the Carrier has also option to file a Suit at the Merchant's place of business. In the event this clause is inapplicable under local law then jurisdiction and choice of law shall lie in either the Port of Loading or Port of Discharge at Carrier's option.".