JUDGMENT

IA 20731/2022

1. This application has been filed by the defendant under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 (hereinafter referred to as `CPC'), seeking rejection of the Plaint, primarily on the following grounds:

a) In terms of Clause 14.10 of the Sole Distribution Agreement dated 01.07.2017 executed between the parties, the period of limitation for raising any claim under the Agreement is one year from the date when the cause of action arises. The suit having been filed beyond the period prescribed, therefore, is not maintainable;

b) In terms of Clause 15.1 of the Agreement, the parties and the Agreement are governed by the laws of Italy. The plaintiff having failed to aver this fact in the plaint or even state as to what the law in Italy with respect to such contracts is, the suit is not maintainable.

2. The present suit has been filed by the plaintiff under Order XXXVII of the CPC, praying for a decree of recovery of 3,08,203.45 USD, along with interest thereon, from the defendant. The claim is of amount allegedly due from the defendant on three invoices raised by the plaintiff under the Sole Distribution Agreement dated 01.07.2017 executed between