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Judgment
Arindam Sinha, J
I.A. No.11513 of 2021Â Â
Ms. Mohanty, learned advocate appears on behalf of petitioners and submits, inspite of interim order dated 24th September, 2019 obtained by her
client from Consumer District Forum, Boudh, interim measure by order dated 3rd October, 2019 was made in the reference being conducted in
Chennai. Her clients are unable to participate in the reference, having obtained credit facilities for purchasing the vehicle here in Odisha. She submits,
the consumer disputes case is pending. As such, the reference could not have been commenced. She prays for adjournment to rely on authority.
Mr. Behera, learned advocate appears on behalf of the finance company. He submits, there is clear clause in the agreement regarding Courts in
Chennai alone having exclusive jurisdiction on matters arising out of the agreement. Furthermore, if petitioner is aggrieved by impugned order, appeal
lies under section 37 in Arbitration and Conciliation Act, 1996. As such, prayer for vacating interim order made by his client in the interim application
be allowed.
The agreement says it was made at the place and date mentioned in the schedule. The schedule says the agreement was made in Chennai.
Jurisdiction clause 30 says the agreement has been accepted and executed by the company at Chennai and, inter alia, payment shall be observed and
performed at Chennai. When cause of action arises in more than one place parties may agree Courts at one of the two places will have exclusive
jurisdiction. Court does not have before it any pleading from the finance company to show what part of the cause of action arose in Odisha, for there
to be agreement on exclusive and ouster of jurisdiction. Furthermore, there is also no pleading on side of the finance company regarding pendency of
the consumer disputes case. Thirdly, coordinate Bench passed the interim order on 23rd December, 2019 and the interim application to vacate it
appears to have been made in August, 2021.
In circumstances aforesaid, adjournment is granted.
List on 28th February, 2022.
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