SOUMEN SEN
Hi-Tech Systems & Services Limited – Appellant
Versus
DILO Amaturen & Anlagen GMBH – Respondent
1. Both the applications are taken up together and disposed of by this common judgment.
2. The defendants have filed an application being G.A. No.1201 of 2017 (hereinafter referred to as the “first petition”) for rejection of plaint on the ground of Forum Selection Clause and non-disclosure of cause of action against the defendant No.2.
3. During the pendency of the said application, the plaintiff has filed an application for amendment of the plaint being G.A. No.1318 of 2017 (hereinafter referred to as the “second petition”).
4. Shorn of unnecessary details, the facts are summarized below.
5. The plaintiff filed a suit, inter alia, challenging the termination of two agreements dated 12th July, 2011 and 18th October, 2012, that is, maintenance contract and job to job contract respectively.
6. The plaintiff in the suit is claiming adjudication of its rights under the said two agreements. The said suit was filed upon obtaining leave under Clause 12 of the Letters Patent.
7. The first application for revocation of leave and dismissal of the suit of two grounds, namely:-
“(i) Forum Selection Clause and law governing the agreement.
(ii) the plaint does not disclose any cause of action
A.B.C. Laminart Pvt. Ltd. & Anr. Vs. A.P. Agencies, Salem
Egyptian Delta Land & Investment Co. v. Todd
India Glycols Ltd. & Anr. Vs. Commissioner of Income Tax & Ors.
InterGlobe Aviation Limited v. N. Satchidanand
Manthan Brand Band Services Pvt. Ltd. Vs. C.K.T. Communications Pvt. Ltd.
Mayar (H.K.) Ltd. & Ors. Vs. Owners & Parties, Vessel M.V. Fortune Express & Ors.
Modi Entertainment Network & Anr vs. WSG Cricket PTE Ltd.
Mst. Zohra Khatoon Vs. Janab Mohammad Jane Alam & Ors.
Nishit Chandra Ghosh Vs. Bidhu Bhusan Ghosh & Ors.
Ratan Chand Khanna Vs. Mahendra Kumar
Rotomac Electricals Pvt. Ltd. Vs. National Railway Equipment Company
Swastik Gases (P) Ltd. Vs. Indian Oil Corpn. Ltd.
Transport Corporation of India Limited VS. Ganesh Polytex Limited.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.