NETRINE CONFECTIONARY LTD., Vs. K. RENUKA

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Order dtd. 11/10/2012 (Annexure-5) passed by learned 1st Additional Civil Judge (Senior Division), Cuttack in Civil Suit No. 175 of 2008 is under challenge in this writ petition, whereby an application filed by the Defendant No.1-Petitioner to hold that the said Court lacks territorial jurisdiction to try the suit, was dismissed.

(3.) Opposite Party as Plaintiff filed the suit for realization of Rs.11,78,000.00 from the Defendant-Petitioner along with an interest at the rate of 12% per annum. The Defendant No.1-Petitioner filed written statement denying its liability to pay the amount. The Petitioner also filed an application (Annexure-3) to decide the issue of territorial jurisdiction of learned trial Court to try the suit at the threshold on the ground that Clause-26 of the agreement, which was mutually agreed upon by the parties and basing upon which the suit is filed, clearly stipulates that 'all disputes that may arise with regard to this agreement shall be subject to Chittor (A.P.) Court jurisdiction only.' Thus, learned trial Court lacks jurisdiction to try the suit. Learned trial Court without deciding the issue at the threshold held that the issue of territorial jurisdiction can be taken up simultaneously along with other issues in the suit for effective adjudication. It, accordingly, rejected the petition filed by the Defendant-Petitioner vide order under Annexure-5. Assailing the said order, this writ petition has been filed.