LAKHI RAM Vs. CHATTERJEE BROTHERS

JUDGEMENT

(1.) This appeal is inter-alia concluded against the appellant by the decision of this Commission in shimla Development Authority, Kasumpti, Shimla-9 V/s. Shri Yash Pal Dass and Anil Mittal of Ambala Cantt ,1992 CPC 344.

(2.) Dr. Lakhi Ram Saini, the unsuccessful complainant has appealed against the order of the District Forum non-suiting him on the threshold ground of lack of territorial jurisdiction. In this judgment of affirmance, the facts may be noticed with utmost brevity. It suffices to mention that the appellant had preferred a complaint against M/s Chatterjee Brothers, respondents who are admittedly residing and working for gain within the State of West Bengal. The case set up was that the appellant had ordered a supply of fish fingerlings of major carp and exiotic carp variety and sent a draft of Rs.8000/-, therefor to the respondents. In sum the allegation was that the fish finger-lings (fish seeds) on receipt were dead and totally defective and a claim of Rs.50,000/- was raised.

(3.) In strenuously defending the complaint, the respondent took up firm preliminary jurisdictional objections in their reply. It was first pleaded that civil suit No.4 of 93 betwixt the parties was already filed and pending in the Court of the Munsiff at Chinsurah in West Bengal and since the said Court was seized of the matter, the District Forum had no jurisdiction to entertain the identical cause of action. Alternatively, it was pleaded that condition No.6of Annexure 'a' being the document of the terms and condition clearly confined the jurisdiction for all disputes arising under the agreement with the Chinsurah Court only. It was further pleaded that no part of the cause of action at all arose within the territorial jurisdiction of Panipat.