LIBRA MINING WORKS Vs. BALDOTA BROTHERS IMPORTERS AND EXPORTERS BOMBAY

JUDGEMENT

(1.) :- This is the plaintiffs appeal against the decree of the Subordinate Judge, Kakinada, directing the return of plaint in O.S. No.16 of 1957 for presentation to proper Court.

(2.) The appellant laid an action for recovery of a sum of Rs. 51,944.00 from the respondents. The appellant plaintiff is a registered firm carrying on business at Vijayawada and other places in iron ore and other materials. The first defendant is a partnership firm doing import and export business having its office at Bombay, defendants 2 to 4 being the partners thereof. The basis of the claim is two contracts for the supply of certain quantities of iron ore to the defendants who were acting as selling agents of the plaintiffs. A sum of Rs. 5,382.00 was claimed as being due in regard to the contract entered into between them on 10-8-1956 under Ex. A-5 and the balance as arising out of the second contract entered into between the parties on 30-8-1956. These two contracts contain a clause to the effect that the contracts are subject to Bombay jurisdiction. The suit amounts are said to be the balance of the unpaid purchase-money which has not been paid by the defendants in spite of the repeated requests of the plaintiff.

(3.) One of the answers to the suit was that the Kakinada Court could not entertain the suit because of the agreement between the parties that the disputes arising under both the contracts should be adjudicated upon in the Bombay Courts. The plaintiff sought to get over this objection on the two pleas, namely, (i) that the second contract which had given rise to the major portion of the claim was rescinded on 17-10-1956 and a fresh contract without the term bearing on the jurisdiction of Courts came into being under Ex. A-1 and (ii) that the clause relating to jurisdiction did not affect the right of the plaintiff to have re-course to any of the competent Courts.