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HIGH COURT OF KERALA
V. G. Arun, J
SANGHA ERECTORS PVT LTD – Appellant
Versus
LAXMI CRANES AND TRAILERS PVT LTD – Respondent
| Table of Content |
|---|
| 1. facts of the case presented. (Para 1) |
| 2. arguments regarding territorial jurisdiction. (Para 2 , 3) |
| 3. munsiff's dismissal of jurisdiction application. (Para 4) |
| 4. arguments on intended jurisdiction based on agreements. (Para 5 , 6) |
| 5. analysis of exclusive jurisdiction clauses. (Para 7 , 8) |
| 6. discussion on consensus for jurisdictional acceptance. (Para 9 , 10) |
| 7. conclusion on jurisdiction dismissal. (Para 11) |
ORDER
Dated this the 08th day of January, 2024 The revision petitioner is the defendant in O.S.No.1358 of 2017 on the files of the Additional Munsiff Court, Ernakulam. The suit is filed by the respondent/plaintiff, seeking to realise a sum of Rs.8,69,836/- from the revision petitioner, along with interest at the rate of 18% per annum from 17.04.2016 onwards. The averments in the suit are to the following effect;
In 2016, the defendant expressed interest in hiring one Crawler Mounted Crane having capacity of 165 MT from the plaintiff for engaging in their project site in Chattisgarh. After negotiations, the defendant issued a purchase order dated 11.03.2016 containing the commercial terms and conditions for hiring the Crawler Mounted Crane. The purchase order was a
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