TVS MOTORS COMPANY LTD. Vs. BAGARIA MOTORS

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the impugned order dtd. 6/10/2016, passed by the Court of learned Additional District Judge, Fatehpur Shekhawati, District Sikar, in Appeal No. 02/2016, the present writ petition was filed under Article 227 of the Constitution of India with the following prayers:

(2.) The brief and necessary facts of the case, as per the record, are as follows:

(3.) Learned counsel for the petitioner-company contends that the Court at Sikar has no jurisdiction to entertain an application filed under Sec. 34 of the Act of 1996. It is submitted that Clause 21 of the ASC agreement, which was subject to Clause 22, specifically provides that whenever judicial intervention is possible, the Courts at Hosur (Tamil Nadu) would have exclusive jurisdiction to adjudicate and decide in respect of all disputes arising out of or in relation to the ASC agreement. Further, Clause 21 incorporates that parties have irrevocably waived off any objection to the jurisdiction of the Courts at Hosur to adjudicate the disputes and the parties have mutually consented to exclusive jurisdiction of Courts at Hosur.