Asha Mukul Pal, J. - (1.) This application has been filed by Quinn India Ltd. defendant in suit No. 814 of 1983 praying for revocation of the leave granted under Clause 12 of the Letters patent and also for an injunction restraining the plaintiff its servants and agents whatsoever from taking any step or further steps in the suit as also for anciliary reliefs as will appear from the plaint itself. A copy of the plaint is annexed to the petition.
(2.) In paragraph 15 of the plaint, the following has been averred. "Inasmuch as a part of the cause of action as pleaded in paragraphs 3, 4 and 6 hereof arose within the aforesaid jurisdiction and inasmuch as a part of the cause of action as pleaded in paragraph 6 hereof arose outside the jurisdiction and inasmuch as the defendant, a debtor as had to seek the plaintiff as creditor at the plaintiff's place of business at Calcutta within the aforesaid jurisdiction, the plaintiff prays for leave under Clause 12 of the Letters patent to institute this suit. No part of the cause of action of the plaintiff has arisen or could arise at Hyderabad." Leave has been granted under clause 12 of the Letters patent. But before I deal with the petition. I want to state in brief the facts how this suit came to be filed.
(3.) An agreement was entered into by and between Quinn India Ltd. (defendant in the Calcutta High Court suit) and Malay Biniyog Private Ltd. (Plaintiff in the Calcutta suit) having their office at 28-B, Shakespeare Sarani, Calcutta, appointing the said Malay Biniyog Pvt. Ltd. as the authorised dealer for the sale of leather finishing chemicals, hereinafter be referred to as products manufactured by Quinn India Ltd. on the terms and conditions quoted in their letter dated 7th October, 1980 which has been annexed to the plaint. The subject matter of the agreement was 'Agreement for Dealership'. The place of writing the letter dated 7th October, 1980 is Hyderabad. The said agreement is signed by for and on behalf of Quinn India Ltd. and accepted by Malay Biniyog Private Ltd. Director. On 5th December, 1983 a notice of demand was sent by one S C. Subbrayan, Advocate on behalf of Quinn India Ltd. Hyderabad to Malay Biniyog Private Ltd. at 28-B, Shakespeare Sarani, Calcutta making a demand of their claim which will appear from the said letter and annexing therewith a statement of out standing bills. Statement of interest, reconciliation accounting statement, list of pending invoices for submission of C-forms. In paragraph 2 of the said letter, it was specifically mentioned as follows : "The said agreement has been made at Hyderabad and as per clause 21, it is only the Courts at City of Hyderabad have jurisdiction with respect to or relating to any dispute under the said agreement. In pursuance of the said agreement you have opened an account with my client and purchased the materials under various invoices from time to time. A list of outstanding bills from you as on today is enclosed herewith".;