- 1 - 26.sj.35.2011 ss.2522.10 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUMMONS FOR JUDGMENT NO. 35 OF 2011 IN SUMMARY SUIT NO. 2522 OF 2010 Shell Life Sciences Pvt. Ltd. ..Plaintiff -Versus- Aglowmed Ltd. ..Defendant .......... Mr. Tejas Vora i/b Girish K. Vora & Sagar Kasar for the Plaintiff. Mr. S.S. Kudalkar for the Defendant. .......... CORAM : S.J. VAZIFDAR, J. DATE : 17TH DECEMBER 2011. P.C. 1 The suit is filed to recover the price of goods sold and delivered by the plaintiff to the defendant. 2 The only defence is that this Court has no territorial jurisdiction. The agreement was entered into by the parties in Bombay. This is clear from the fact that the defendant placed the order on the plaintiff in Mumbai and the plaintiff accepted the offer in Mumbai. This Court has therefore, jurisdiction to entertain and try this suit. It was however contended that in view of clause 22 of the purchase order, this Court ought not to exercise jurisdiction. Clause 22 reads as under : - 2 - 26.sj.35.2011 ss.2522.10 “22. JURISDICTION : Our Company’s Register office at Patna hence it is specifically understood that the courts in Patna only shall have Jurisdiction to settle any other dispute arising in relation to this order.” (emphasis supplied) 3 Even assuming that ordinarily in view of clause 22, this Court ought not to exercise jurisdiction in the present case, I see no reason why the plaintiff should be put to the difficulty of filing a suit in Patna as a mere formality. Clause 22 operates only when there is a dispute. This is clear from the plain language of the clause which states that the Court in Patna only shall have jurisdiction to settle any “dispute”. In the present case, there is, admittedly no dispute on the merits of the matter. Clause 22 pertains not to a dispute as to jurisdiction but only a dispute on the merits of the matter. Clause 22 therefore is not applicable in the present case. 4 In the circumstances, the Summons for Judgment is made absolute and the suit is decreed as prayed. However, interest after the date of the suit shall be at 18% per annum and thereafter at 12% per annum on the principal sum. Costs to be quantified as per Rules. Refund of court fees, if any, as per Rules. -