Calcutta High Court
M. R. Trading Co vs R. D. Infra Equipments Pvt. Ltd on 18 February, 2020
Author: Debangsu Basak
Bench: Debangsu Basak
ORDER SHEET
GA 384 of 2019 with
CS 175 of 2018
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
M. R. TRADING CO.
Versus
R. D. INFRA EQUIPMENTS PVT. LTD.
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
Date : 18th February, 2020.
Mr. Shuvasis Sengupta, Mr. Balarko Sen, Mr. Abir Debnath, Advs.
...appears Mr. Manik Lal Poddar, Mr. Purbangshu Chandra Mitra, Smt. Piyali Mitra, Advs.
...appears The Court : In a suit under Order XXXVII of the Code of Civil Procedure, 1908 for recovery of price of goods sold and delivered, the defendant seeks revocation of leave under Clause 12 of the Letters Patent, 1865 and the plaint to be returned to the plaintiff.
It appears from the pleadings made in the plaint that, pursuant to purchase orders placed by the defendant, the plaintiff sold and delivered diverse materials to the defendant. The situs of the defendant is at Nasik outside the territorial jurisdiction of this Court. The purchase order contains a forum selection clause to the effect that all disputes are subject to Nasik jurisdiction. The plaintiff raised invoices 2 upon the defendant for the goods sold and delivered. The invoices of the plaintiff also contains a forum selection clause to the effect that the disputes are subject to Kolkata jurisdiction.
There are two forum selection clauses in the documents that the parties rely upon. At this interlocutory stage, in my view, the issue as to jurisdiction need not be decided finally. Jurisdiction is mixed question of fact and law. Such issue is left open to be decided at the trial after permitting the parties to adduce evidence.
Learned advocate appearing for the defendant submits that, the written statement of the defendant is ready. In the event leave is granted, the defendant will file the same in the department.
In the facts of the present case, it would be appropriate to dispose of the present application by keeping the point of jurisdiction open to be decided at the trial of the suit. The defendant is permitted to file its written statement in the department within February 21, 2020. The parties will discover their respective documents within a fortnight thereafter; inspection forthwith. The plaintiff will prepare the Judge's Brief of Document.
Old GA 384 of 2019, new GA 1 of 2019 in CS 175 of 2018 is disposed of without any order as to costs.
(DEBANGSU BASAK, J.) TR/ 3