In The
Court Of Sh. Parshant Rana, Civil Judge(Jr.Div.) Kaithal
Jai
Bhagwan Vs. Jitender Gulati
etc.
Application U/O.14.R.2
CPC for disposing the
Case on a preliminary
issue on behalf of defendant
No.1 & 3.
R/Sir,
The defendants/respondents
submit as under:-
1. That the above noted case is fixed for
today for filling written statement.
2. That this hon`ble court has no
territorial jurisdiction to try and entertain the present suit on the following
grounds :-
i) That at the time of filing of the
suit, the answering defendants were/are not actually and voluntarily residing,
carying on the business and personally working for gain.
ii) That no cause of action wholly or in
part had/has been arisen between the parties with in the local territorial
jurisdiction of this Hon`ble court as every document has been executed and
attested at Delhi.
iii) That the answering defendants have
no subordinate office with in the local jurisdiction of this hon`ble court.
iv) That as per agreement dt.6-1-2009, it
was agreed between parties that all legal proceedings pertaining to and in
respect of said films/albums/ live programms shall be subject to jurisdiction
of appropriate courts at Delhi only.
v) That as per agreement dt.6-1-2009,
it was agreed that all disputes arising from these present agreement shall be
referred to Arbitration`s as per provision of law relating to arbitration and
decision of the arbitrators shall be binding on both the parties.
COntd-2-
-2-
3. That in view of the above facts, it
is necessary to dispose of the suit on a preliminary issue by making the
preliminary issue of territorial jurisdiction.
It is therefore prayed that
the preliminary issue regarding the territorial jurisdiction may please be
framed and the suit may please be dispose off accordingly, in the interest of
justice.
Kaithal
Date:
Submitted by
Defendants/respondent no.1 & 3.
Through Counsel
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