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2017 Supreme(Cal) 349

SOUMEN SEN
Hi-Tech Systems & Services Limited – Appellant
Versus
DILO Amaturen & Anlagen GMBH – Respondent


Advocates Appeared:
For the Plaintiff :Pratap Chatterjee, Surojit Nath Mitra, Sr. Advocates, Anirban Roy, Sankarshan Sarkar, Micky Chowdhury, S.N. Pyne, Subhasis Pyne, Advocates.
For the Defendants :Abhrajit Mitra, Sr. Advocate, Rajshree Kajaria, Satadeep Bhattacharya, Uttam Sharma, Advocates.

JUDGMENT :

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

































































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