Suit filed for recovery of its alleged dues - Two Courts having jurisdiction to entertain said suit -Parties can by mutual agreement exclude jurisdiction of one of the Courts

Citation

2012 AIR SCW 1028

SUPREME COURT

ALTAMAS KABIR , J. and CYRIAC JOSEPH , J.

Special Leave Petition (C) No. 10184 of 2008, D/- 17 - 1 - 2012

A. V. M. Sales Corporation v. M/s. Anuradha Chemicals Pvt. Ltd

Civil P.C. (5 of 1908), S.20 - Territorial jurisdiction - Dispute arose between parties regarding

agreement entered between parties relating to supply of goods in question - Suit filed by one

party for recovery of its alleged dues - Two Courts having jurisdiction to entertain said suit -

Parties can by mutual agreement exclude jurisdiction of one of the Courts - Same would not

amount to violation of Ss. 23 and 28 of Contract Act - Suit would lie in Court agreed upon by

parties.

AIR 1989 SC 1239, AIR 2004 SC 2432 : 2004 AIR SCW 2914 and AIR 1995 SC 1766 : 1995

AIR SCW 2763, Rel. on.

 (Paras 8 , 14 , 15) 

Contract Act (9 of 1872), S.23, S.28 -

Cases Referred Chronological Paras

AIR 2004 SC 2432 : 2004 AIR SCW 2914 (Rel. on) 13

AIR 1995 SC 1766 : 1995 AIR SCW 2763 (Rel. on) 12

AIR 1989 SC 1239 (Rel. on)