LSI LOGISTIC SHIPPING Vs. RRC INTERNATIONAL FREIGHT

JUDGEMENT

(1.) By this notice of motion, the applicant (original defendant) prays that the issue of jurisdiction be decided as a preliminary issue under section 9-A of the Code of Civil Procedure, 1908. In view of the plea of jurisdiction raised by the defendant in the affidavit in reply, the following issue is framed :-

(2.) Learned counsel appearing for the parties have addressed this Court on this issue based on the pleadings filed by them.

(3.) Learned counsel for the applicant in this notice of motion invited my attention to the contract entered into between the parties on 17th April, 2017 and more particularly paragraph XXIII and XXIV, which provide that law that prevails will be the English Law. If necessary, the place of jurisdiction will be at London. He also invited my attention the letter dated 25th August, 2017 addressed by the original plaintiff to the applicant stating that the contract is governed by Law of England and Wales and also submitting to the jurisdiction of High Court in London. It is stated that the plaintiff has no alternate but to pursue the claim against the applicant in the High Court in London in respect of the claim set out in the said letter.