LIFE CARE INTERNATIONAL Vs. MAHINDRA AND MAHINDRA LTD

JUDGEMENT

(1.) Being aggrieved by the judgment dated 28-4-08 passed by VIII Additional District Judge, Indore in Civil Suit No. 1-B/07 whereby the suit filed by the Appellant was returned to the Appellant with a liberty to file the same before the Court at Mumbai on account of want of jurisdiction, the present appeal has been filed.

(2.) Short facts of the case are that the Appellant filed a suit against the Respondent alleging that Appellant is a registered Partnership Firm having its business in partnership at Indore. Respondent is a Company registered under the provisions of Indian Companies Act having its Registered Office at Mumbai and is having its Branch Office at Royal Ratan Building-7, MG Road, Indore. It was alleged that Branch of the Respondent is carrying on the business of procuring the vehicles on rent. It was alleged that division of the Respondent which is in the trade taking the vehicles on rent is known as Transport Solution Group. It was alleged that in the transaction which took place between the parties Appellant was to pay a sum of Rs. 26,50,447/- to the Respondent, but instead of that Appellant paid a sum of Rs. 42,20,943.61. It was alleged that Appellant is entitled for refund of Rs. 15,70,496.61, which was paid by the Appellant in excess alongwith interest of Rs. 5,37,050/-. In the suit it was alleged that since transaction took place at Indore and the Branch Office of the Respondent is at Indore, therefore, the Court at Indore is having jurisdiction to hear and decide the suit.

(3.) The suit was contested by the Respondent on various grounds, including on the ground that the agreement took place between the parties in writing, which is dated 1-4-2000. It was alleged that as per the said agreement it is only the Court at Mumbai having jurisdiction to hear and decide the suit. Other allegations of the plaint were also denied. It was alleged that since the Court at Indore having no jurisdiction to entertain the suit, therefore, the suit be dismissed. Learned Trial Court framed the issues, recorded the evidence and while deciding the suit came to the conclusion that the Court at Indore is having no territorial jurisdiction to decide the suit, therefore, the same is returned to the Appellant for filing the same before the Competent Court at Mumbai, against which present appeal has been filed.