JOYDEB BANERJEE Vs. SUBODH CHOUDHURY

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner is one of the defendants in Title Suit No. 90/2000, which was filed by opposite party no. 1 for declaration that the plaintiff was entitled to get the amount mentioned in Schedules I and II as authorised dealer of Hindustan Lever Product and for an order of injunction restraining the defendants from changing the dealership for Lalganj area and also for other ancillary reliefs.

(3.) LEARNED counsel for the petitioner submits that the plaintiff was the sole proprietor of Maha Laxmi Traders and was appointed as a Redistribution Stockist by virtue of written agreement dated 19.7.1996 (Annexure 1), clause 23 of which specifically stated that the agreement had been signed and executed in Calcutta and the Redistribution Stockist agrees that the place of payment for all goods sold or supplied to him by the Company under the agreement was in the city of Calcutta and that any suit to enforce the rights of either party under or in respect of this agreement shall be instituted in and tried by a competent court only in the city of Calcutta and in no other court and the Redistribution Stockist further expressly agrees to submit to the jurisdiction of such court. Learned counsef for the petitioner further submits that since the aforesaid suit was specifically in respect of the aforesaid agreement, the plaintiff -opposite party should have instituted the suit at Calcutta and the suit filed at any other place was not maintainable there.