M/S.Gdjd Exports v. M/S.Aqua Air International Freights Services And 9 Others

Application No.6323 of 2019 Application No.6320 of 2019 KRISHNAN RAMASAMY , J.

This application has been filed to grant leave to the applicant/plaintiff to file the suit against the defendants before this Court.

2.

Learned counsel for the applicant submits that a sale contract, dated 14.06.2017 was entered into between the plaintiff and the 7th defendant at Chennai, for supply of the goods. In the said sale contract, it was agreed by both the parties that all the dispute arising out of the said sale agreement will be subject to the jurisdiction of the Chennai Courts, in India only. Apart from the above sale contract, the seventh defendant paid part sale consideration to the bankers of the plaintiff at Chennai. Therefore, the learned counsel submits that substantial part of cause of action arose at Chennai and both the parties have agreed to subject themselves to the jurisdiction of the Courts in Chennai, i.e. in India only, and hence, this Court will have jurisdiction to entertain the present suit against the defendants 1 to 10.

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Application No.6323 of 2019 KRISHNAN RAMASAMY , J.

AT 3.

Heard the learned counsel appearing for the applicant and gone through the averments made in the accompany affidavit supporting the judges summons.

4. Thus, considering the submission of the learned counsel for the applicant and having satisfied with the reasons stated in the affidavit filed in support of the application, this application is allowed. 29.08.2019 AT Application No.6320 of 2019 http://www.judis.nic.in http://www.judis.nic.in