M/S Classic Automobiles vs Babita Singh & Anr
2022 Latest Caselaw 2044 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                       [Civil Writ Jurisdiction]
                                 W.P.(C) No. 3449 of 2008
        M/s Classic Automobiles, Pirpainti Road, Godda Branch, Godda & Anr.
                                                                        .... .. ... Petitioners
                                 Versus
        Babita Singh & Anr.                                             .. ... ... Respondents
                                   ...........

CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO .........

        For the Petitioners                          : Mr. Rohit, Advocate
        For the respondent no.1                      : Mr. Manoj Kumar Sah, Advocate
                                           ......
 09/ 06.06.2022.
                Heard, learned counsel for the parties.

Petitioners have preferred the instant writ petition for quashing the order dated 16.05.2008 passed by learned Permanent Lok Adalat, Godda in PLA Case No.109 of 2007 on the ground that the case was not maintainable in view of the specific provision as mentioned in the terms and conditions at clause -8 i.e. 'only the courts of Dhanbad Civil Court shall have jurisdiction in any proceedings relating to this contract'.

Learned counsel for the petitioners, Mr. Rohit has submitted, that impugned order may be set aside and necessary legal order may be passed. Learned counsel for the respondent no.1, Mr. Manoj Kumar Sah has submitted, that though the case was filed before the PLA Court, Godda and so far the question of maintainability is concerned, the same has been decided that the case is maintainable to the PLA Court, Godda and the respondent is residing at Godda, as such, terms and conditions may be ignored.

Considering the rival submissions of the parties, looking into the facts and circumstances of the case, since there is specific provision in the terms and conditions that only the courts of Dhanbad Civil Court shall have jurisdiction in any proceedings relating to this contract, as such, the PLA Case No. 109 of 2007, pending in the court of PLA Court, Godda is hereby directed to be transferred from PLA Court, Godda to the PLA Court, Dhanbad and after registering the same, adjudication shall be done in accordance with law considering the judgment passed by the Apex Court in the case of Bar Council of India vs. Union of India, reported in 2012 (8) SCC 243.

Accordingly, the instant writ petition is disposed of.

(Kailash Prasad Deo, J.) R.S.