M/S. ANGILE INSULATIONS versus M/S. DAVY ASHMORE INDIA LTD. AND ANR.

M/S. ANGILE INSULATIONS versus M/S. DAVY ASHMORE INDIA LTD. AND ANR.

The parties, by clear and explicit clause (21), agreed to vest jurisdiction for any legal proceedings within the territorial limit of High Court of Karnataka. Clause (21) is not invalid under Section 23 or 28 of the Contract Act; therefore, the Subordinate Judge, Dhanbad, has no jurisdiction to entertain the suit, and the plaint was rightly returned for presentation to the proper court.

Parties
Appellant: Mis. Angile Insulations; Respondent: Mis. Davy Ashmore India Ltd.; Respondent: Anr.
Jurisdiction
India
Judgment Date
18 April 1995
Procedural Posture
Civil Appeal / Supreme Court Final Hearing/decision
Outcome
Appeal dismissed
Legal Topics
Jurisdiction, Contractual Agreements on Jurisdiction, Validity of Jurisdiction Clauses
Civil Procedure Contract Law Jurisdiction Contractual Agreements on Jurisdiction Validity of Jurisdiction Clauses

Case Brief

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Parties

Mis. Angile Insulations

Appellant

Mis. Davy Ashmore India Ltd.

Respondent

Anr.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Hearing/decision

Legal Issues

  1. 1 Whether the Subordinate Judge, Dhanbad had jurisdiction to entertain the suit in view of the jurisdiction clause in the contract.
  2. 2 Whether Clause (21) of the contract ousts jurisdiction lawfully and is not hit by Sections 23 and 28 of the Contract Act.

Ratio Decidendi

The parties, by clear and explicit clause (21), agreed to vest jurisdiction for any legal proceedings within the territorial limit of High Court of Karnataka. Clause (21) is not invalid under Section 23 or 28 of the Contract Act; therefore, the Subordinate Judge, Dhanbad, has no jurisdiction to entertain the suit, and the plaint was rightly returned for presentation to the proper court.

Court Disposition

Appeal dismissed

Orders

  • No costs