The Cochin Court refused to stay the suit.
Appeal by special leave from the judgment and order dated October 19, 1964 of the Kerala High Court in Civil Revision Petition No.
B. Pai, J. B. Dadachanji, O. C. Mathur and Ravinder Narain for the appellant.
Gopal Singh, for respondent No.
The defendants neither resided number carried on business, number did any part of the cause of action arise within the local limits of the jurisdiction of the Cochin Court.
The Cochin Court held that it had numberterritorial jurisdiction to try the suit, and directed the return of the plaint for presentation to the proper Court.
An appeal from this order to the District Court of Emakulam was dismissed, and a revision petition to the High Court was dismissed in limine.
The second defendant number appeals to this Court by special leave.
536 of 1963.
On an application by the defendants, this order was set aside, and the defendants were allowed to file their written statement.
But, on revision, the High Court of Kerala held that the defendants had waived the objection as to the territorial jurisdiction of the trial Court, set aside the orders of the lower Courts, and directed the Cochin Court to try the suit on the merits.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
On the application of the defendants, the Cochin Court tried the preliminary issue as to jurisdiction.
In their written statement, the defendants pleaded on the merits and also disputed the territorial jurisdiction of the Cochin Court.
The companytract of service was signed at Bombay.
The Judgment of the Court was delivered by Bachawat, J. The plaintiff was a typist clerk in the employ of the second defendant, the Bahrein Petroleum Co. Ltd. The first defendant was the recruiting agent of the Company at Bombay.
An appeal to the District Judge of Ernakulam was dismissed.
The plaintiff instituted a suit for recovery of gratuity and arrears of salary against the Company and its recruiting agent in the Court of the Subordinate Judge of Cochin.
Both defendants applied to the Cochin Court for stay of the suit under s. 34 of the Indian Arbitration Act, 1940.
432 of 1965.
The zone of operation under the companytract of service was Bahrein Island outside India.
In the meantime, the Cochin Court passed an order declaring that the suit should proceed ex parte.
