Anshul Goel v. M/S Ifb Agro Industries Limited & ORS.

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (COMM) 154/2022 ANSHUL GOEL .....Appellant Through:

Mr. Rohit Modi, Adv.

versus M/S IFB AGRO INDUSTRIES LIMITED & ORS.

.....Respondents Through:

Mr. Gaurav Gupta & Mr.

Siddharth Dewalwar, Advs.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 05.11.2024 1.

The appeal is directed against the order passed on an application moved by the respondents/defendants under Order VII Rule 10 of the Code of Civil Procedure, 1908 ['CPC"].

2.

Undisputedly, the agreement in question incorporated an exclusive jurisdiction clause and which becomes apparent from a reading of Clause 30. The Trial Judge has taken note of the fact that while ordinarily it could have been contended that a part of the cause of action had arisen in Delhi, in light of the exclusive jurisdiction which parties agreed to confer upon courts at Kolkata, the plaint was liable to be returned.

3.

While learned counsel appearing for the appellant has sought to contend that the conferment of jurisdiction on courts in Kolkata was with reference to the Indian Penal Code, 1860 ["IPC"] we find no merit in that contention, since undisputedly there can be no contract for conferral of jurisdiction in respect of crimes and the provisions The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 23:53:51

which are contained in the IPC.

4.

We, consequently, find no merit in the appeal. The same shall stand dismissed.

YASHWANT VARMA, J.

RAVINDER DUDEJA, J.

NOVEMBER 5, 2024 sk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 23:53:51