SATISH AHUJA Vs. ASHWANI SHARMA

JUDGEMENT

(1.) When this case was taken up today it was jointly requested by the appellant as well as learned Counsel for the respondent that looking to the limited controversy between the parties in this appeal the same be heard and disposed of today. We have thus finally heard this appeal.

(2.) Appellants complaint was dismissed by the District Forum below solely on the ground that the agreement in question entered into between the parties (Annexure O -1) was executed at Chandigarh wherein amongst other things it is mentioned that courts in Chandigarh alone would have the jurisdiction to entertain any suits in regard of any disputes arising out of the agreement. For ready reference this clause is extracted here in before : - "The Courts in Chandigarh alone shall have jurisdiction to entertain and try and suits in regard to any disputes arising out of the agreement." (Emphasis supplied)

(3.) Forum below had not touched merits of the case. To be fair to the appellant we may notice what was urged by him in this behalf. According to him the impugned order starts with, "no doubt that he would succeed in case if he was in a position to satisfy the Forum regarding its territorial jurisdiction to entertain the complaint." Therefore, per him if this Commission comes to the conclusion that District Forum had the jurisdiction then relief prayed for in the complaint needs to be allowed in this appeal. Stand of the appellant was controverted by Sh. Poswal, learned Counsel for the appellant? Per him the appellant can only maintain the complaint, if any at Chandigarh alone and at no other place in view of the above extracted condition of the agreement between the parties. In the alternative he also urged that even if this Commission comes to the conclusion the District Forum below had the jurisdiction, still stand of the parties in there respective pleadings having not been gone into by the said Forum, case needs to be remanded for disposal after hearing the parties in accordance with law. Though he hastened to add that in any situation whether at Chandigarh or before the Forum below appellant is not entitled to any relief whatsoever.