TRAXPO ENTERPRISES PVT. LTD. Vs. KOLMAR GROUP AG

JUDGEMENT

(1.) This chamber summons is taken out by the defendant to revoke the leave granted to the plaintiff under Clause 12 of the Letters Patent and in the alternative and without prejudice to reject the plaint under Order 7 Rule 11 of the Code of Civil Procedure, 1908. On or about 27th/28th August, 2007 the defendant agreed to

(2.) buy and the plaintiff agreed to sell 15,000 metric tons Methanol +/ 5% at buyer's option at USD 255.00 per metric ton and optional 2000 3000 metric tons of cargo +/ 5% in buyer's option at USD 265.00 per metric ton and in each case FOB Kandla for shipment within September, 2007. The contract is evidenced by two faxes sent on 28th August, 2007 from the defendant to the plaintiff. For the purpose of this chamber summons, clause 13 and clause 14 of the contract are relevant and the same read as under :

(3.) Therefore, the contract expressly provided that it was subject to English Law and the parties had submitted expressly to the jurisdiction of the High Court of London.