SANDEEP POLYMERS PVT.LTD. versus BAJAJ AUTO LTD. AND ORS.

SANDEEP POLYMERS PVT.LTD. versus BAJAJ AUTO LTD. AND ORS.

Claims arising out of purchase orders, which contain jurisdiction ouster clause in favour of Pune courts, cannot be entertained at Nagpur; claims arising out of other causes of action (such as breach of MoU or lifetime supply agreement) may be maintained separately at Nagpur if not covered by ouster clause. Plaintiff may file separate suit in Pune for purchase order claims and amend Nagpur suit accordingly.

Parties
Appellant: Sandeep Polymers Pvt. Ltd.; Respondent: Bajaj Auto Ltd.; Respondents: Other defendants (including defendant nos. 3, 4, 5)
Jurisdiction
India
Judgment Date
20 July 2007
Procedural Posture
Civil Appeal / Appeal From High Court Judgment/order Returning Plaint for Lack of Jurisdiction
Outcome
Appeal disposed of
Legal Topics
Jurisdiction Ouster Clauses, Breach of Contract, Order 7 Rule 10 CPC, Order 2 Rule 2 CPC, Territorial Jurisdiction
Civil Procedure Contract Law Jurisdiction Ouster Clauses Breach of Contract Order 7 Rule 10 CPC Order 2 Rule 2 CPC Territorial Jurisdiction

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Parties

Sandeep Polymers Pvt. Ltd.

Appellant

Bajaj Auto Ltd.

Respondent

Other defendants (including defendant nos. 3, 4, 5)

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court Judgment/order Returning Plaint for Lack of Jurisdiction

Legal Issues

  1. 1 Whether the Civil Court at Nagpur has jurisdiction to entertain the suit for damages for breach of lifetime supply agreement and purchase orders despite ouster clause
  2. 2 Whether causes of action arising out of purchase orders are governed by Pune jurisdiction clause
  3. 3 Whether the suit can be split into separate suits based on causes of action

Ratio Decidendi

Claims arising out of purchase orders, which contain jurisdiction ouster clause in favour of Pune courts, cannot be entertained at Nagpur; claims arising out of other causes of action (such as breach of MoU or lifetime supply agreement) may be maintained separately at Nagpur if not covered by ouster clause. Plaintiff may file separate suit in Pune for purchase order claims and amend Nagpur suit accordingly.

Court Disposition

Appeal disposed of

Orders

  • It shall be open to the appellant to file a separate suit at Pune for purchase orders.
  • If so advised, appellant may move for amendment of suit at Nagpur.