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2015 Supreme(Bom) 462

ROSHAN DALVI
Gateway Park Paper Industries – Appellant
Versus
Arjo Wiggins Chartham Ltd. – Respondent


Advocates Appeared:
Mr. Mohan Bir Singh, Adv. a/w. Ms. Fatima Darbar, Adv. for plaintiffs.
Mr. Rohan Rajadhayaksha, Adv. a/w. Mr. Ram Kakkar, Adv. i/b. AZB Partners for defendants.

ORDER

1. The issue of territorial jurisdiction has to be decided as per the order of the Division Bench dated 2nd March, 2015.

2. The issue of jurisdiction is framed as follows :

1. Whether this Court has territorial jurisdiction to try the above suit of plaintiff Nos.1, 2 and 3.

3. The suit is filed by three plaintiffs. Plaintiff No.1 is a partnership firm. Plaintiff No.2 is a limited company. Plaintiff No.3 is the director of plaintiff No.1 and a partner of plaintiff No.2. The defendant is a manufacturing company.

3. As per the averments in paragraphs 2, 3 and 4 of the plaint the plaintiff No.2 was appointed as the sole selling agent of the defendant. This was under three agreements dated 30th January, 1978, followed by the agreement dated 1st October, 1989 and then the agreement dated 1st January, 1999, the last of which subsisted between the plaintiff No.2 and the defendant.

4. The agreement dated 1st January, 1999 Exh.C to the plaint has been entered into and signed only by plaintiff No.2 as the agent and the predecessor-in-title of the defendant as the company.

5. Under clause 16(1) of the agreement the parties agreed that the agreement would be governed and construed in accordance

























































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