Gulzar Impex Pvt Ltd & Anr vs Mediderma,S.L. & Anr
2015 Latest Caselaw 609 Del

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

+           CS(OS) 183/2015 & IAs No.1395-96/2015

                                               Decided on : 21.01.2015

IN THE MATTER OF:
GULZAR IMPEX PVT LTD & ANR                      ..... Plaintiffs
                    Through : Mr. Shahid Azad with
                    Md. Aslam, Advocates

                       versus

MEDIDERMA,S.L. & ANR                                ..... Defendants
                    Through : None.

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI


HIMA KOHLI, J.(Oral)


1.

The present suit has been instituted by the plaintiffs praying inter

alia for a decree of declaration against the defendants No.1 & 2 by

declaring the Termination of Distribution Agreement dated 29.12.2014

as null and void and further, for a decree of permanent and mandatory

injunction against the defendants No.1 & 2 companies, both situated in

Spain.

2. At the outset, learned counsel for the plaintiffs has been requested

to address arguments on the maintainability of the present suit in this

Court in view of the stipulations contained in Article 16 of the

Distribution Agreement dated 23.11.2012 executed by the plaintiffs and

the defendant No.1, which is reproduced as below :

"ARTICLE 16 - APPLICABLE LAW AND RESOLUTION OF DISPUTE

This Agreement shall be governed by and construed in accordance with the laws of Spain without regard to the conflicts of law provisions thereto. Each party irrevocably consists to the exclusive jurisdiction of the Spanish courts for all issues arising under or in connection with this Agreement."

3. After addressing arguments for some time, learned counsel for the

plaintiffs seeks leave to withdraw the present suit, while reserving the

right of his clients to approach the competent court vested with the

jurisdiction to entertain the disputes raised in the present suit.

4. Leave, as prayed for, is granted. The suit is dismissed as

withdrawn, along with the pending applications.

                                                       (HIMA KOHLI)
JANUARY 21, 2015                                          JUDGE
sk/mk