JUDGMENT

Rajiv Shakdher, J.

I.A. No. 4174/2020

Preface:

1. This is an application filed by the defendant under the provisions of Order VII Rule 10 of the Code of Civil Procedure, 1908 [in short "CPC"].

2. For the ease of narration, the plaintiff and the defendant will be collectively referred to as parties unless the context requires otherwise.

3. The captioned application is pivoted on a singular clause i.e. Clause 18 of the Master Dealer Agreement dated 19.03.2014 [in short "MDA"].

3.1. Based on this clause [in particular, Clauses 18.1 and 18.2], the defendant asserts that the disputes raised in the instant suit can be presented by the plaintiff only before the Court where the defendant is located i.e. The Danish Court.

3.2. The plaintiff disputes this contention. The plaintiff claims that this Court has concurrent jurisdiction. In this behalf, provisions of Section 20 of the CPC are relied upon by the plaintiff. In other words, in sum, the plaintiff claims that Clause 18.2 of the MDA does not vest exclusive jurisdiction on the Courts in Denmark. This argument is sought to be buttressed by referring to Clauses 18.3 and 18.4 of the MDA.

3.3. Therefore, the core issue whic