GURUSHARAN SHARMA, J. - (1.) ON 6th November, 1995, a deed of non -competition was executed between Brooke Bond Lipton India Limited, Calcutta, and Icon Dairy Foods Pvt. Ltd., Adityapur. In the said deed there was a clause that Calcutta shall be the jurisdiction for the purpose of any dispute arising out of this deed.
(2.) ICON Dairy Foods Pvt. Ltd. filed Title suit No. 30 of 1999 against Hindustan Lever Limited, successor -in -interest of Brooke Bond India Limited for declaration that the aforesaid deed dated 6.11.1995 was illegal, void in operative and not binding on them in contravention of the provisions of Section 27 of the Indian Contract Act. Defendant appeared and without filing any written statement, filed a petition purporting to be under Order VII, Rule 10 of Civil Procedure Code (Annexure 2) that in view of specific provision aforesaid, the Court of Seraikella has no jurisdiction to entertain, try and determine the present suit. According to it, the High Court of Judicature at Calcutta alone has Jurisdiction to determine the issue arose in the instant suit and conduct interlocutory proceedings. Prayer was, therefore, made to return the plaint to be presented before appropriate Court.
(3.) PLAINTIFF in its rejoinder denied its desire for decision on disputes arising out of the agreements in question in the High Court of Judicature at Calcutta and alleged that agreements were one sided and did not exclude specifically jurisdiction of the Court, where plaintiffs workshop/factory was situated and where part cause of action arose.;