M/S Aditya Enterprises, Through Its Proprietor Arun Kumar v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.27 of 2019 ====================================================== M/s Aditya Enterprises, through its Proprietor Arun Kumar Male, aged about 44 years, son of Late Mahendra Singh, 4M/MIG, 201 and 202, Bahadurpur Housing Colony, Near T.V. Tower, Bhoot Nath Road, Kankarbagh, P.S.- Kankarbagh, District and Town- Patna, permanent resident of Village and P.O.- Dumri, P.S. Govindpur, District- Nawada, Bihar- 805 121. ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Chemicals and Fertilizers, Department of Pharmaceuticals, Udyog Bhawan, New Delhi- 110 001.

2.

The Karnataka Antibiotics and Pharmaceuticals Limited, through its Incharge Managing Director, Karnataka Antibiotics and Pharmaceuticals Limited, Nirman Bhawan, Dr. Raj Kumar Road, First Block, Rajaji Nagar, Bangalore- 560 010.

3.

The General Manager (Institutional and Distribution), Karnataka Antibiotics and Pharmaceuticals Limited, Nirman Bhawan, Dr. Raj Kumar Road, First Block, Rajaji Nagar, Bangalore- 560 010.

4.

The Assistant Manager (Distribution), Karnataka Antibiotics and Pharmaceuticals Limited, having its Branch Office, 4M/MIG, 201 and 202, Bahadurpur Housing Colony, Near T.V. Tower, Bhoot Nath Road, Kankarbagh, P.S. Kankarbagh, District and Town- Patna- 800 026. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rashid Izhar, Advocate For the Respondent/s :

Mr. Birendra Kumar Choudhary, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 26-07-2019 Heard learned counsel for the parties.

The arbitration clause contained in the agreement provides for the institution and decision of proceedings to be held at Bangalore only with a further stipulation that no other courts shall have jurisdiction except the Courts situate at Bangalore.

In view of the aforesaid clause, learned counsel for

Patna High Court REQ. CASE No.27 of 2019(6) dt.26-07-2019 2/2 the applicant prays that he may be permitted to withdraw this application and file the application before the appropriate forum as per the said clause.

The application is, therefore, permitted to be withdrawn with the said liberty.

(Amreshwar Pratap Sahi, CJ) Sunil/- U