KIRLOSKAR BROS LTD Vs. ENGINEERING MACHINERY MARTNARSINGHPURM P

JUDGEMENT

(1.) This appeal is directed against the order of return of the plaint for presentation to the Court at Narsinghpur competent to entertain the same, passed on 31-8-1976, by the Second Addl. District Judge, Indore, in Civil Suit No. 19B of 1975.

(2.) No exhaustive statement of facts is necessary for the decision of this appeal. Suffice it to state that the plaintiff-appellant-herein brought the suit giving rise to this appeal on 18-3-1975, in the Court of the Second Additional District Judge, Indore, for recovery of Rs. 37,580/-on the allegations that the defendant-respondent herein was the authorised dealer of the plaintiff-company for Narsinghpur district, Madhya Pradesh. As such, the defendant was afforded the facility of purchasing goods on credit and the defendant had opened an account with the plaintiff-company. After giving adjustment to the amount paid by the defendant in the account up to 31-7-1974, from time to time for goods purchased on credit from the plaintiff company, an amount of Rs. 27,132.37 paise (Principal amount as per the ledger) is due from the defendant besides interest in an amount of Rs. 10,347.63 paise. Adding to this amount Rs. 100/ on account if notice charges the suit has been brought for recovery of Rs. 37,580/- besides future interest and costs. In the cause of action clause para 12 of the plaint inter alia it has been averred that the plaintiff had also made it a condition of accepting execution of the defendant's order for supply of goods that all disputes relating to the supply of goods and payments thereof would be subject to the jurisdiction of the Courts at Indore.

(3.) In answer to the suit the defendant denied the claim of the plaintiff and inter alia, in para 12 of the written statement raised an objection to the effect that the Courts at Indore have no jurisdiction to entertain the suit. The averments made by the plaintiff in para 12 of the plaint with regard to the Indore Courts having exclusive jurisdiction to entertain the suit, were denied and it was averred that in accordance with the terms of the initial agreement of dealership dated 1-8-1967, only the Courts at 'Kirloskarwadi' had jurisdiction. On the expiry of the abovesaid agreement a fresh agreement was entered into between the parties for dealership on 12-12-1969 by virtue of which the defendant had made an express condition that "All disputes arising between the parties would be subject to the jurisdiction of the Narsinghpur Courts only." This condition was endorsed by defendant on the dealership agreement and was forwarded to the plaintiff along with a letter of defendant of the same date, wherein this condition was reiterated and it was stated that unless the plaintiff agreed to defendant's condition of Narsinghpur jurisdiction only the defendant would not accept the dealership. On receipt of the aforesaid letter and the dealership agreement the plaintiff never raised any objection, but on the contrary started supplying goods to the defendant under the dealership agreement. Thus the plaintiff accepted that the dispute arising out of the agreement shall be subject to the jurisdiction of Narsinghpur Courts only. The defendant has accordingly instituted Civil Suit No. 4A/75 in the Court of Additional District Judge, Narsinghpur foe declaration and injunction and another Suit No 50B/75 in the Court of Civil Judge, Narsinghpur for rendition of accounts. This agreement dated 12-12-1969 was signed and accepted by the defendant at Narsinghpur. Under this agreement the goods were to be supplied at Narsinghpur and the price was also payable at Narsinghpur. The Courts at Narsinghpur have thus an exclusive jurisdiction to try the suit. It is humbly submitted that this Hon'ble Court has no jurisdiction to entertain the suit and the plaint is liable to returned for presentation to the proper Court.