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Thursday, March 11, 2010

Jurisdiction--Whether parties by way of agreement could confer exclusive jurisdiction on one of Courts only

2010(1) LAW HERALD (P&H) 255
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
Civil Revision No. 2684 of 2004
M/s Kakkar Steel Forgings & Ors.
v.
Messrs Bawa Industries Limited.
{Decided on 10/08/2009}
For the Petitioners: Mr. Sudhir Mittal, Advocate.
For the Respondent: None.
IMPORTANT POINT
Parties by way of agreement could confer exclusive jurisdiction on one of Courts only if more than one Courts have jurisdiction to try suit.
Civil Procedure Code, 1908, S.20--Jurisdiction--Whether parties by way of agreement could confer exclusive jurisdiction on one of Courts only if more than one Courts have jurisdiction to try suit--Held, YES--Purchase order placed and advance payment made by cheque at Phagwara--However condition in bill that all disputes were subject to Ropar jurisdiction only--One of defendants were residing at Ropar--Both Civil Court at Phagwara and Ropar had jurisdiction to try the suit--Since parties entered into agreement and vested exclusive jurisdiction on Civil Courts at Ropar--Such agreement not illegal or invalid--Order of trial Court that Civil Court at Phagwara had jurisdiction to try suit as agreement between parties could not exclude territorial jurisdiction set aside. (P.8 & 9)