Dismissed

Cold Star Logistics Private Limited v. Amalgam Frozen Foods Private Limited

Kerala HC14 Jul 2023OP(C)/503/2019

Case brief

AI extract

What is this about?

The Kerala High Court dismissed an original civil petition filed under Article 227 challenging a trial court order regarding jurisdiction. The court held that the trial court rightly refused interference despite an unaccepted printed jurisdiction clause, as the transaction occurred wholly within Kerala.

What did the court decide?

The original petition stands dismissed accordingly without ordering any costs.

Cold Star Logistics Private Limited Vs… — Contract and Commercial Disputes | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945

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OP(C) NO. 503 OF 2019

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AGAINST THE ORDER DATED 30.11.2018 IN OS 2/2017 OF SUB COURT,KOCHI PETITIONERS/DEFENDANTS 1 & 3:

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1 M/S COLD STAR LOGISTICS PRIVATE LIMITED, REPRESENTED BY ITS AUTHORISED SIGNATORY, UNIT NO.2, 1ST LEVEL, PHOENIX MARKET CITY, 15, L.B.S.MARG, KURLA, (WEST) MUMBAI, MUMBAI CITY, MAHARASHTRA - 400 070.

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2 SHAGUN ASHOK KAPUR, DIRECTOR, M/S.COLD STAR LOGISTICS PRIVATE LIMITED, UNIT NO.2, 1ST LEVEL, PHOENIX MARKET CITY, 15, L.B.S.MARG, KURLA, (WEST) MUMBAI, MUMBAI CITY, MAHARASHTRA - 400 070.

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BY ADVS.
JOY THATTIL ITTOOP
SRI.BIJISH B.TOM
SRI.JACOB TOMLIN VARGHESE
SRI.GENS GEORGE ELAVINAMANNIL
SMT.BABY SONIA

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RESPONDENTS/PLAINTIFF & DEFENDANT 2:

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1 AMALGAM FROZEN FOODS PRIVATE LIMITED, AMALGAM HOUSE, BRISTOW ROAD, WILLINGTON ISLAND KOCHI - 682 003, REPRESENTED BY ITS DEPUTY GENERAL MANAGER (HR), AGED 41 YEARS, S/O.K.KUTTYKRISHNAN, RESIDING AT NO.17, VIDYANAGAR COLONY, COCHIN UNIVERSITY P.O., SOUTH KALAMASSERY,

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COCHIN - 682 022.

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2 SANJIV DINDAYAL GOGIA, DIRECTOR, M/S.COLD STAR LOGISTICS PRIVATE LIMITED, UNIT NO.2, 1ST LEVEL, PHOENIX MARKET CITY, 15, LB.S.MARG, KURLA, (WEST) MUMBAI, MUMBAI CITY, MAHARASHTRA - 400 070. (HAS RESIGNED AS DIRECTOR OF THE 1ST PETITIONER W.E.F.19/07/2018). BY ADVS. SRI.N.KRISHNA PRASAD SRI.SONU AUGUSTINE

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C) NO. 503 OF 2019

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JUDGMENT

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Ext.P6 order is under challenge by the defendants
under Article 227 of the Constitution, on the reason
that the abovesaid order was passed by the trial
court without knowing the impact of Clause No.11
incorporated in Ext.P3 agreement, whereby the parties
have agreed to confine the jurisdiction to the court
at Bombay. Admittedly, the head office of the
defendants is situated in Bombay, but the alleged
transaction took place within the State of Kerala.
As such, confinement of the jurisdiction to a court
having no jurisdiction over the matter cannot be
sustained. The transaction took place wholly and
completely within the State of Kerala. Secondly,
Clause No.11 is a part of the printed form agreement.
There is no signature, initial or thumb impression
corresponding to said clause No.11 indicating its
acceptance. As such, it may not have any binding
force as expected by the parties. On both counts, the
order passed by the trial court under Ext.P6 deserves

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OP(C) NO. 503 OF 2019

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no interference.

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The original petition will stand dismissed
accordingly,withoutorderinganycost.

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Sd/-

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P.SOMARAJAN
JUDGE

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msp

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OP(C) NO. 503 OF 2019

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APPENDIX OF OP(C) 503/2019

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PETITIONER EXHIBITS
EXHIBIT P1THE TRUE COPY OF THE PLAINT IN O.S.NO.2 OF
2017 ON THE FILE OF THE SUB COURT, KOCHI.
EXHIBIT P2THE TRUE COPY OF THE WRITTEN STATEMENT IN
O.S.NO.2 OF 2017 ON THE FILE OF THE SUB
COURT, KOCHI.
EXHIBIT P3THE TRUE COPY OF THE WAY BILL (GOODS
CONSIGNMENT NOTE) BEARING NO. 238068 ISSUED
BY THE PETITIONER TO THE 1ST RESPONDENT.
EXHIBIT P4THE TRUE COPY OF THE REPLICATION IN O.S.NO.2
OF 2017 ON THE FILE OF THE SUB COURT, KOCHI.
EXHIBIT P5THE TRUE COPY OF THE ARGUMENT NOTES FILED BY
THE PETITIONERS/DEFENDANTS IN O.S.NO.2 OF
2017 ON THE FILE OF THE SUB COURT, KOCHI.
EXHIBIT P6THE TRUE COPY OF THE ORDER DTD 30/11/2018 IN
O.S.NO.2 O9F 2017 OF THE SUB COURT, KOCHI.

Cold Star Logistics Private Limited v. Amalgam Frozen Foods Private Limited

Case brief

What is this about?

What did the court decide?

Cold Star Logistics Private Limited v. Amalgam Frozen Foods Private Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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