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CHHATTISGARH HIGH COURT
Shri A. N. Bhakta, ACJ
Ratnesh Dev Sharman v. Cipla Limited through Managing Director Sipla Limited. Mumbai
| Table of Content |
|---|
| 1. appeal against jurisdiction ruling based on service contract. (Para 1 , 2) |
| 2. court's observations on jurisdiction and validity of clause 20. (Para 3 , 6 , 7 , 9 , 10 , 13) |
| 3. arguments on validity of jurisdiction clause. (Para 4 , 5) |
| 4. legal principles around jurisdiction in contracts. (Para 8 , 11 , 12) |
| 5. final ruling on appeal dismissal. (Para 14) |
1. Instant appeal is directed against the order dated 15-12-2010 passed by District Judge, Ambikapur, Surguja in Civil Suit No. 3 - B / 2009.
2. Facts necessary for disposal of this appeal are as under :
(i) The appellant / plaintiff was employed by the respondent - Cipla Limited as Marketing Executive.
(ii) The respondent used to pay salary to the plaintiff at Mumbai. Admittedly, service agreement was entered by the parties at Mumbai and Clause 20 of the agreement provide as follows :
"Any dispute arising out of and / or related to appellant's employment with the Company shall be subject to Mumbai Jurisdiction only."
(iii) Disputes having arisen out of the service contract the appellant filed a Civil Suit No. 3B / 2009 against the respondent in the Court of District Judge, Ambikapur, Sarguja for the recovery of a sum o
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