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NAVIN CHAWLA
Sorin Group Italia S. R. L. – Appellant
Versus
Neeraj Garg – Respondent
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
The main legal point established in the judgment is the application of the law of limitation as prescribed under the Limitation Act, and the court's reliance on a presumption of similarity between do....
The applicability of limitation laws hinges on where the suit is filed, irrespective of where the contract was formed.
Jurisdiction clauses in contracts do not oust local courts if business activities affecting local parties are involved, and a plaint cannot be dismissed solely against some defendants if others remai....
The main legal point established in the judgment is that the law governing the arbitration agreement may be different from the proper law of the main contract, and the applications under Section 34 o....
The judgment emphasizes the need for expert opinion on foreign law, respect for foreign judgments, and the maintainability of commercial suits under the Commercial Courts Act.
Courts can respect foreign bankruptcy judgments, but they must also adhere to local laws on fraud and property transfer standards.
Section 19 of the Indian Limitation Act does not extend the limitation period under Section 48 of the Civil Procedure Code for the execution of decrees.
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