M/S Balaji Shivansh Motor Pvt. Ltd. v. The Managing Director, Tvs Motor Company Ltd.

IN THE HIGH COURT OF JUDICATURE AT PATNA

REQUEST CASE No.69 of 2023 ====================================================== M/s Balaji Shivansh Motor Pvt. Ltd. having its registered office at Near Income Tax Office, Tajpur Road, Samastipur through its Proprietor Vivek Kumar, aged about 34 years, Gender-Male, son of Vijay Kumar Gupta, Resident of Ward No. 14, Near Middle School, Dudhpura, Rampur Dudhpura, P.S. Samastipur, District Samastipur.

... ... Petitioner/s

Versus

1.

The Managing Director, TVS Motor Company Ltd. 2nd Floor, 383, 16th Main 3rd Block, 4, Mangalam, Bangalore.

2.

The Dealer Development Manager, TVS Motor Company, Aspiration Ascent Building, 133A, S.P. Mukherji Road, West Bengal, Kolkata-700026. 3.

The Sales Head Office, Bangalore, TVS Motor Company Ltd. 2nd Floor No. 383, 16th Main 3rd Block, 4, Mangalam, Bangalore. 4.

The Sales Manager, Main Office, TVS Motor Company, P.B. NO. 4, Harita Hosur, Tamilnadu.

5.

The Area Sales Manager, Bihar Zone, TVS Motor Company, N. Plaza, Jamal Road, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surendra Kishore Thakur, Advocate For the Respondent/s :

Mr. Jayanta Ray Chaudhury, Advocate Mr. Binay Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 10-04-2024 Heard the learned counsel for the parties. Sri Surendra Kishore Thakur, appears for the petitioner and Sri Jayanta Ray Chaudhury along with Sri Binay Kumar, for the respondents.

2. The objection raised by the respondent is that only the Courts at Hosur within Tamil Nadu has the jurisdiction to decide the disputes or differences between the parties and in that circumstance the Court of jurisdiction, which has to be

Patna High Court REQ. CASE No.69 of 2023(6) dt.10-04-2024 2/2 approached for the purpose of reference to an arbitration is also within the State of Tamil Nadu.

3. The learned counsel also would rely on a judgment of this Court passed in Naushad Khan v. The Branch Manager Tata Motor Finance Solutions Limited reported in 2023 (4) PLJR 76. Following the aforesaid judgment, this request case is closed leaving liberty to the petitioner to approach the Court at Tamil Nadu.

(K. Vinod Chandran, CJ) sharun/- U