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2005 Supreme(Del) 21

P.C.JAIN
EMMSONS INTERNATIONAL LTD – Appellant
Versus
METAL DISTRIBUTORS (UK) – Respondent


Advocates Appeared:
Atnl Sharma, GUNJAN MALVIYA, V.K.Sharma

R. C. Jain, J.

( 1 ) M/s. Metal Distributors (UK) Limited-defendant No. 1 who is facing a suit filed by the plaintiff for the recovery of a sum of Rs. 30,61,1457- for the alleged defective supply of Copperwire bars has filed this application under Order VII Rule 11 read with Section 151, CPC praying for rejection of the plaint or for its return to the plaintiff for presentation in the court of competent jurisdiction i. e. English Courts. It is alleged in the application that the suit of the plaintiff is based on a contract dated 5. 11. 1996 entered between defendant No. 1 applicant through their agents Binani Metal Ltd.- defendant No. 2 for supply of continuous cast Electrolytic Copper Wire Rods at a price of USD 2194 per Metric Ton, CIF Bombay. The contract entered into between the parties is stated to be an international commercial contract containing Clause 13 which provides for the dispute redressal mechanism through arbitration and that the contract shall be construed in accordance with and governed by English Law. It is the case of defendant No. 1 applicant that the parties once having agreed that the contract shall be governed by a particular law, only that law will govern t
















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