AGLOWMED LTD Vs. SHELL LIFE SCIENCES PVT. LTD

JUDGEMENT

(1.) This Appeal arises from an order of a Learned Single Judge dated 17 December 2011 making absolute a Summons for Judgment in a suit under Order 37 of the Code of Civil Procedure 1908.

(2.) The Respondent has its registered office at Vadodara and a corporate office at Mumbai. The Appellant has a local office at Mumbai and a registered office at Patna. Five purchase orders were placed by the Appellant upon the Respondent between 20 July 2009 and 26 November 2009 from its local office at Mumbai for the supply of goods. In pursuance of the purchase orders goods were supplied by the Respondent from Vadodara to Roorkee in the State of Uttaranchal. The Appellant issued four cheques towards payment of the price of the goods sold, supplied and delivered. Two of the cheques dated 4 January 2010 and 12 February 2010 were drawn on the HDFC Bank at Roorkee. One of the cheques dated 6 February 2010 was drawn on the Daman Branch of the HDFC Branch while the final cheque dated 24 May 2010 was drawn on the ICICI Bank at its Prabhadevi Branch at Mumbai in part-payment. The cheques were returned dishonoured. The Respondent instituted a suit under Order 37 of the Code of Civil Procedure 1908 for the price of the goods sold, supplied and delivered.

(3.) At the hearing of the Summons for Judgment the Appellant contested the jurisdiction of this Court to entertain and try the suit on the ground that the following condition of the purchase orders conferred exclusive jurisdiction on the Courts at Patna: