SANJAY KAROL, J. - (1.) PLAINTIFF -appellant, hereinafter referred to as the appellant, filed a suit for recovery of the amount of Rs.4,13,532/- against the defendant-respondent, hereinafter referred to as the defendant.
(2.) VIDE judgment dated 3.12.2011, passed in Civil Suit No.150/05, titled as M/s Malhotra Medical Store versus M/s Abhinav Associates, trial Court dismissed the suit, holding that the Court did not have jurisdiction to entertain the same. However, even on merits the Court rejected the claim of the plaintiff. Aggrieved thereof, plaintiff preferred an appeal, under the provisions of Section 96 of the Code of Civil Procedure. Vide judgment dated 19.1.2013, passed in Civil Appeal No.9 of 2012, titled as M/s Malhotra Medical Store versus M/s Abhinav Associates, learned District Judge, Mandi, set aside the findings returned by the trial Court on merits qua issues No.1,2,3 and 5 to 7, but upheld the findings qua Issue No.4, which was with regard to the jurisdiction of the Court to entertain the suit. Cross-objections filed by the defendant were also dismissed.
(3.) AGREEMENT dated 30.10.2002 executed inter se the parties contains the following clauses, with regard to ouster of jurisdiction of the Courts within the State of Himachal Pradesh, which are pressed on behalf of the defendant: "16. The above mentioned agreement will be for a minimum period of one year and Second Party can renew or terminate the agreement after one year and during this period Second Party will not involve itself in the sales of any other company's health care products. 17. All the disputes between the First Party and the Second Party will be decided in the Ambala Court of jurisdiction. 18. The above agreement is signed at Ambala and both the parties have affixed their signature herein acceptance of the terms and conditions as stated above subject to the conditions of the following terms mentioned in the Summary." ;