35 , 1989 INSC 87 , JT1989 (2 )SC 38 , 1989 -1 -LW449 , 1989 (1 )SCALE633 , (1989 )2 SCC163 , [1989 ]2 SCR1a , [1989 ]44 TAXMAN442 (SC ), 1989 (2 )UJ80 , ,MANU/SC/0001/1989
G.L. Oza#K.N. Saikia#2830SC3250Judgment/OrderAIR#APLJ#ArbLR#Gujarat Law Reporter#INSC#JT#LW#MANU#SCALE#SCC#SCR#TAXMAN#UJK.N. Saikia,Textile#TextileSUPREME COURT OF INDIA2013-11-15Territorial Jurisdiction,Jurisdiction of the District Forum,Consumer Disputes Redressal Agencies,Cause of Action,Courts,Infringement Action,Cause of Action,Courts,Infringement Action,Formation Defects Rendering Contracts Void,Formation Defects Rendering Contracts Void,Construction/Interpretation of Contract - General Principles,Contractual Obligations and Rights - Implied Obligations,General,Jurisdiction of the District Forum,Consumer Disputes Redressal Agencies,General,Jurisdiction of the State Commission,Consumer Disputes Redressal Agencies,With Respect To An Arbitration Agreement.,Jurisdiction,Miscellaneous,Other suits to be instituted where Defendants reside or cause of action arises.,Place of suing,Suits In General,Other suits to be instituted where Defendants reside or cause of action arises.,Place of suing,Suits In General,Other suits to be instituted where Defendants reside or cause of action arises.,Place of suing,Suits In General,Other suits to be instituted where Defendants reside or cause of action arises.,Place of suing,Suits In General,Contract and Specific Relief,Law of Arbitration, Conciliation and Mediation,Civil Procedure,Consumer Law,Intellectual Property Rights15356,15350,20191,86917,86942 -->
MANU/SC/0001/1989
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 2682 of 1982
Decided On: 13.03.1989
Appellants: A.B.C. Laminart Pvt. Ltd. and Ors. Vs. Respondent: A.P. Agencies, Salem
Hon'ble Judges/Coram:
G.L. Oza and K.N. Saikia JUDGMENT
K.N. Saikia, J.
1. This is an appeal by special leave from the judgment and order of the High Court at Madras dated 4th November, 1980 in C M.A. No. 218 of 1978 allowing the appeal and setting aside the judgment of the subordinate judge at Salem in original suit No. 302 of 1975 on the preliminary question of jurisdiction.
2. The first appellant is a manufacturer and supplier of metallic yarn under the name and style 'Rupalon Metallic Yarn' having its registered office at Udyognagar, Mohamadabad, Gujarat within the jurisdiction of the civil Court of Kaira, The second appellant is a sister concern of the first appellant doing business with it. The respondent is a registered partnership firm doing business in metallic yarn and other allied products at Salem.
3. The first petitioner entered into an agreement with the respondent on 2.10.1974 whereunder the appellants were to supply 5000 bobbins of Rupalon Metallic Yarn to the respondent at the rate of Rs. 35/- per bobbin as stipulated in different clauses of the agreement. Clause 11 of the agreement provided as follows:
Any dispute arising out of this sale shall be subject to Kaira jurisdiction.
4. Disputes having arisen out of the contract the respondent filed a suit, being original suit No. 302 of 1975, against the appellants in the Court of Subordinate Judge at Salem for the recovery of a sum of Rs. 1,63,240, claiming to be the balance of the advance remaining in the hands of the appellants and also a sum of Rs. 2,40,000 towards damages. The appellants took a number of defences and also took a preliminary objection that the Subordinate Judge at Salem had no jurisdiction to entertain the suit as parties by express contract had agreed to confer excl........