M/S Allergan India Pvt Ltd vs M/S P N Pharma Marketing Services ...
2021 Latest Caselaw 2436 Gua

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GAHC010162802021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                Case No. : CRP(IO)/101/2021

             M/S ALLERGAN INDIA PVT LTD
             A PVT. COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956,
             HAVING ITS REGD. OFFICE AT LEVELS 6 AND 7, PRESTIGE OBELISK, NO.3,
             KASTURBA ROAD, P.O. BENGALURU, PIN- 560001, KARNATAKA, REP. BY
             ONE OF ITS DIRECTOR



             VERSUS

             M/S P N PHARMA MARKETING SERVICES PVT LTD
             REP. BY ITS MANAGING DIRECTOR- SRI SWAPAN KUMAR PAUL, HAVING
             ITS REGD. OFFICE ST GOUR SMRITI, A.K. DEB ROAD, FATASIL AMBARI,
             P.O. GUWAHATI, PIN- 781025, ASSAM



Advocate for the Petitioner   : MR. S CHAKRABORTY

Advocate for the Respondent :




                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                         ORDER

Date : 06-10-2021

Heard the learned counsel Mr. S. Chakraborty appearing for the petitioner. The petitioner and respondent had an agreement. Para 22 of the said agreement reads as under :

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"22. All disputes, differences, or questions whatsoever which shall either during the continuance of this agreement or afterwards arise between the Company and the Agents, or between their respective representatives or between any party to these presents and the representatives of the other party touching these presents or the construction or any account of liability between the parties hereto or as to any act, deed or omission of any parties hereto or in any way relating to these presents shall fall only within the jurisdiction of the competent Court in Bangalore."

Thereafter, all disputes arose between the parties and therefore, the respondents filed Title Suit No. 215/2018 in the court of Civil Judge No. 2, Kamrup(Metro), Guwahati.

Pursuant to Clause 22 of the agreement, the present petitioner filed a petition under Order VII Rule 10 of the CPC for return of the plaint. The trial court rejected the aforesaid prayer.

Today Mr. Chakraborty has relied upon the judgment of the Supreme Court that was rendered in Swastik Gases Private Limited Vs. Indian Oil Corporation Limited reported in (2013) 9 SCC 32.

After going through the said judgment of the Supreme Court, this Court has decided to dispose of the matter at the motion stage.

Accordingly, the revision petition is allowed. The impugned order dated 04-03-2020 passed in Misc. (J) Case No. 884/2018 arising out of Title Suit No. 215/2018 is set aside.

The matter is remanded to the trial court to decide the prayer of the present petitioner afresh in the light of the ratio laid down in Swastik Gases Private Limited(Supra).

With the aforesaid direction, the civil revision petition is disposed of.

JUDGE

Comparing Assistant