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Uber9 Business Process Services Pvt., Ltd., Chennai v/s Chairman / Principal Judge, District Legal Services Authority, Chennai & Others


Company & Directors' Information:- I SERVICES INDIA PRIVATE LIMITED [Active] CIN = U72900DL2003PTC118851

Company & Directors' Information:- J. H. BUSINESS (INDIA) LIMITED [Amalgamated] CIN = U24293DL1999PLC099782

Company & Directors' Information:- S T SERVICES LTD [Active] CIN = L74140WB1989PLC047210

Company & Directors' Information:- M G F SERVICES LIMITED [Amalgamated] CIN = U65910DL1987PLC029599

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U65100DL1989PTC038061

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U74900DL1989PTC038061

Company & Directors' Information:- S J SERVICES PRIVATE LIMITED [Active] CIN = U74140DL1988PTC034427

Company & Directors' Information:- AMP E - SERVICES PRIVATE LIMITED [Active] CIN = U51909MN2013PTC008361

Company & Directors' Information:- E M SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U93090MH2001PTC131924

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L51226WB1983PLC035807

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L93000WB1983PLC035807

Company & Directors' Information:- G K SERVICES PRIVATE LIMITED [Active] CIN = U65990MH1994PTC078529

Company & Directors' Information:- G B BUSINESS LIMITED [Active] CIN = U51109WB1983PLC036744

Company & Directors' Information:- R P BUSINESS PRIVATE LIMITED [Active] CIN = U74210AS2000PTC006302

Company & Directors' Information:- S N M BUSINESS PRIVATE LIMITED [Active] CIN = U51109WB1997PTC085308

Company & Directors' Information:- P R S BUSINESS PVT LTD [Active] CIN = U63090WB1992PTC056995

Company & Directors' Information:- A K SERVICES PRIVATE LIMITED [Active] CIN = U74899MH1986PTC268851

Company & Directors' Information:- B V SERVICES PVT LTD [Active] CIN = U74140WB1991PTC050946

Company & Directors' Information:- M L B BUSINESS PRIVATE LIMITED [Active] CIN = U51109WB2000PTC091878

Company & Directors' Information:- I S A SERVICES PRIVATE LIMITED [Active] CIN = U74140JH1995PTC006387

Company & Directors' Information:- J F C BUSINESS LTD [Active] CIN = U17125WB1990PLC048495

Company & Directors' Information:- E I C SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC022426

Company & Directors' Information:- A TO Z BUSINESS (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51909TZ2008PTC014261

Company & Directors' Information:- S V BUSINESS PVT LTD [Active] CIN = U27310WB1984PTC038146

Company & Directors' Information:- R R BUSINESS PRIVATE LIMITED [Active] CIN = U74999WB2007PTC176588

Company & Directors' Information:- M R BUSINESS PRIVATE LIMITED [Active] CIN = U51109WB1994PTC064165

Company & Directors' Information:- A C SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070774

Company & Directors' Information:- J C BUSINESS PRIVATE LIMITED [Active] CIN = U55101AS2009PTC008974

Company & Directors' Information:- D & B BUSINESS PRIVATE LIMITED [Active] CIN = U51909PB2010PTC033901

Company & Directors' Information:- U AND I BUSINESS SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1990PTC042267

Company & Directors' Information:- H S SERVICES PRIVATE LIMITED [Active] CIN = U74900KA2014PTC074321

Company & Directors' Information:- G V INDIA SERVICES PRIVATE LIMITED [Active] CIN = U74900DL2010PTC212026

Company & Directors' Information:- P N S BUSINESS PRIVATE LIMITED [Active] CIN = U74140WB2005PTC101643

Company & Directors' Information:- A TO Z SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2007PTC168484

Company & Directors' Information:- O P T SERVICES INDIA PRIVATE LIMITED [Active] CIN = U63013DL1996PTC083397

Company & Directors' Information:- P P SERVICES PVT LTD [Active] CIN = U70101WB1991PTC051423

Company & Directors' Information:- M S BUSINESS PRIVATE LIMITED [Active] CIN = U51909MH1997PTC111137

Company & Directors' Information:- A P T SERVICES PRIVATE LIMITED [Amalgamated] CIN = U29219TG1999PTC031903

Company & Directors' Information:- S S SERVICES PVT LTD [Active] CIN = U51109AS1993PTC003956

Company & Directors' Information:- G & G SERVICES PRIVATE LIMITED [Active] CIN = U45201DL2012PTC230905

Company & Directors' Information:- J S B BUSINESS PVT LTD [Active] CIN = U27109WB1996PTC078319

Company & Directors' Information:- A V S BUSINESS PRIVATE LIMITED [Strike Off] CIN = U31908UP2010PTC040437

Company & Directors' Information:- A N Y SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071457

Company & Directors' Information:- N B SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC056484

Company & Directors' Information:- V G S LEGAL SERVICES PRIVATE LIMITED [Active] CIN = U74900DL2000PTC106988

Company & Directors' Information:- P C SERVICES PRIVATE LIMITED [Strike Off] CIN = U00894KA1985PTC006606

Company & Directors' Information:- A C BUSINESS PRIVATE LIMITED [Strike Off] CIN = U45208MH2009PTC197088

Company & Directors' Information:- M. V. S SERVICES INDIA PRIVATE LIMITED [Active] CIN = U93000DL2013PTC252172

Company & Directors' Information:- V K BUSINESS PVT LTD [Active] CIN = U21012WB1996PTC079121

Company & Directors' Information:- S D SERVICES PVT LTD [Active] CIN = U51109AS1998PTC005293

Company & Directors' Information:- H AND B SERVICES LIMITED [Strike Off] CIN = U72900MH2004PTC145775

Company & Directors' Information:- UBER9 BUSINESS PROCESS SERVICES PRIVATE LIMITED [Active] CIN = U74900TN2014PTC098414

Company & Directors' Information:- C & R SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140KA1996PTC019645

Company & Directors' Information:- S P A BUSINESS PVT LTD [Strike Off] CIN = U29296WB1990PTC050043

Company & Directors' Information:- E AND A SERVICES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51900MH1989PTC054373

Company & Directors' Information:- S BUSINESS PROCESS PRIVATE LIMITED [Strike Off] CIN = U74140OR2015PTC019014

Company & Directors' Information:- L K S PROCESS PRIVATE LIMITED [Strike Off] CIN = U18101TZ2012PTC017767

Company & Directors' Information:- B P BUSINESS SERVICES PRIVATE LIMITED [Strike Off] CIN = U74990MH2009PTC193145

Company & Directors' Information:- A. H. SERVICES PRIVATE LIMITED [Active] CIN = U74990MH2009PTC193917

Company & Directors' Information:- M E R I T SERVICES PRIVATE LIMITED [Strike Off] CIN = U51900MH1999PTC118445

Company & Directors' Information:- A D BUSINESS PRIVATE LIMITED [Active] CIN = U74900MH2008PTC178245

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900MH2009PTC293633

Company & Directors' Information:- A V R BUSINESS PRIVATE LIMITED [Active] CIN = U74992UP2008PTC034629

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2009PTC139742

Company & Directors' Information:- J M BUSINESS SERVICES PRIVATE LIMITED [Active] CIN = U52390CH2013PTC034292

Company & Directors' Information:- C K BUSINESS PRIVATE LIMITED [Under Process of Striking Off] CIN = U51399DL2003PTC118289

Company & Directors' Information:- J. S. P. SERVICES PRIVATE LIMITED [Active] CIN = U63040DL1996PTC075731

Company & Directors' Information:- C AND D BUSINESS INDIA PRIVATE LIMITED [Strike Off] CIN = U52300KA2010PTC053211

Company & Directors' Information:- V P S BUSINESS SERVICES LIMITED [Strike Off] CIN = U01407TN2006PLC061225

Company & Directors' Information:- INDIA SERVICES LIMITED [Liquidated] CIN = U99999TN1946PLC000976

Company & Directors' Information:- I-PROCESS SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U72900MH2005PTC152504

Company & Directors' Information:- U M S SERVICES LIMITED [Active] CIN = U03210TZ1982PLC001208

Company & Directors' Information:- A T E SERVICES LIMITED [Strike Off] CIN = U74140MH2001PTC132923

Company & Directors' Information:- SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL1996PTC078465

Company & Directors' Information:- G I SERVICES INDIA LIMITED [Active] CIN = U74140DL2008PLC184088

Company & Directors' Information:- E AND E SERVICES LIMITED [Strike Off] CIN = U65992KL1988PLC005094

Company & Directors' Information:- L & J BUSINESS SERVICES PRIVATE LIMITED [Active] CIN = U52100KL2014PTC036237

Company & Directors' Information:- 3 BUSINESS SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120MH2013PTC239978

Company & Directors' Information:- LEGAL SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74110KA1996PTC020769

Company & Directors' Information:- P I E CHENNAI PRIVATE LIMITED [Strike Off] CIN = U51101TN2000PTC043901

Company & Directors' Information:- S R V N SERVICES PRIVATE LIMITED [Strike Off] CIN = U50200DL2004PTC124035

Company & Directors' Information:- B H SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74999MH2012FTC227035

Company & Directors' Information:- BUSINESS CORPN PRIVATE LIMITED [Strike Off] CIN = U15429UP1945PTC001335

Company & Directors' Information:- A R SERVICES PRIVATE LIMITED [Active] CIN = U00000DL2001PTC109578

Company & Directors' Information:- J AND J SERVICES PRIVATE LIMITED [Active] CIN = U51900MH1995PTC092554

Company & Directors' Information:- L B D SERVICES PRIVATE LIMITED [Active] CIN = U00359BR1991PTC004694

Company & Directors' Information:- E PROCESS INDIA PRIVATE LIMITED [Strike Off] CIN = U72200MH2005PTC151174

Company & Directors' Information:- M M BUSINESS PVT LTD [Strike Off] CIN = U51909WB2005PTC106884

Company & Directors' Information:- L K BUSINESS PVT LTD [Active] CIN = U45202WB1985PTC038604

Company & Directors' Information:- A 2 Z E SERVICES PRIVATE LIMITED [Strike Off] CIN = U72200KA2006PTC039105

Company & Directors' Information:- M P SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013531

Company & Directors' Information:- B I N A R Y SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC103072

Company & Directors' Information:- M C SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013532

Company & Directors' Information:- D & D SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U51909DL1998PTC093967

Company & Directors' Information:- R & L LEGAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999MH2008PTC185128

Company & Directors' Information:- S C L SERVICES PRIVATE LIMITED [Active] CIN = U63012TN2001PTC046650

Company & Directors' Information:- A B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL1998PTC093545

Company & Directors' Information:- G P SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037683

Company & Directors' Information:- T S SERVICES PRIVATE LIMITED [Strike Off] CIN = U85320WB2003PTC095712

Company & Directors' Information:- C L BUSINESS PRIVATE LIMITED [Active] CIN = U93000WB2014PTC202032

Company & Directors' Information:- A. S. V. P. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999HR2014PTC052304

Company & Directors' Information:- R AND T SERVICES PRIVATE LTD. [Strike Off] CIN = U72501DL1998PTC096640

Company & Directors' Information:- S S SERVICES PVT LTD [Strike Off] CIN = U74140WB1988PTC044009

Company & Directors' Information:- S R LEGAL SERVICES PRIVATE LIMITED [Active] CIN = U74140RJ2014PTC045816

Company & Directors' Information:- A. P. V. BUSINESS PRIVATE LIMITED [Strike Off] CIN = U14299RJ2017PTC058759

Company & Directors' Information:- S S D SERVICES PRIVATE LIMITED [Active] CIN = U74910RJ1996PTC012694

Company & Directors' Information:- V & V SERVICES PRIVATE LIMITED [Strike Off] CIN = U74990MH2010PTC206211

Company & Directors' Information:- D S SERVICES PRIVATE LIMITED [Strike Off] CIN = U65923MH2012PTC226482

Company & Directors' Information:- P AND I SERVICES PRIVATE LIMITED [Active] CIN = U63090MH1981PTC024997

Company & Directors' Information:- F F C SERVICES PRIVATE LIMITED [Active] CIN = U74900PN2014PTC153348

Company & Directors' Information:- J V B BUSINESS PRIVATE LIMITED [Active] CIN = U74999MH2016PTC282145

Company & Directors' Information:- R. B. SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302692

Company & Directors' Information:- Q C SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2013PTC148110

Company & Directors' Information:- U & C BUSINESS CORPORATION PRIVATE LIMITED [Strike Off] CIN = U51909TG2014PTC095129

Company & Directors' Information:- A R M G BUSINESS PRIVATE LIMITED [Strike Off] CIN = U51909UP2013PTC055405

Company & Directors' Information:- S V LEGAL SERVICES PRIVATE LIMITED [Active] CIN = U74110TG2014PTC093676

Company & Directors' Information:- U K BUSINESS PRIVATE LIMITED [Active] CIN = U74999UP2016PTC086597

Company & Directors' Information:- B S K A SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900WB2013PTC198627

Company & Directors' Information:- S N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900JK2014PTC004110

Company & Directors' Information:- R N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900CH2013PTC034757

Company & Directors' Information:- R M E-SERVICES PRIVATE LIMITED [Active] CIN = U72300DL2007PTC166470

Company & Directors' Information:- D AND P LEGAL SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2005PTC135437

Company & Directors' Information:- A Y SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC239759

Company & Directors' Information:- J N D SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL2014PTC264620

Company & Directors' Information:- P & M G BUSINESS SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2016PTC292097

Company & Directors' Information:- A 2 J BUSINESS PRIVATE LIMITED [Active] CIN = U51909DL2014PTC269045

Company & Directors' Information:- V. S. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2012PTC233958

Company & Directors' Information:- S & V SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2015PTC287145

Company & Directors' Information:- A R J SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2015PTC286948

Company & Directors' Information:- M K R SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2012PTC242159

Company & Directors' Information:- G W SERVICES PVT LTD [Strike Off] CIN = U79140DL2001PTC111194

Company & Directors' Information:- B 2 B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140HR2013PTC049213

Company & Directors' Information:- R K SERVICES PRIVATE LIMITED [Active] CIN = U45200HR2007PTC041783

Company & Directors' Information:- C T LEGAL SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000HR2010PTC041131

Company & Directors' Information:- K K LEGAL SERVICES PRIVATE LIMITED [Active] CIN = U74140GJ2015PTC082023

Company & Directors' Information:- A. R. T. SERVICES PRIVATE LIMITED [Active] CIN = U51900GJ2009PTC056248

Company & Directors' Information:- U E LEGAL SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74140KL2014PTC036076

Company & Directors' Information:- B 9 N SERVICES PRIVATE LIMITED [Active] CIN = U74900KL2012PTC032087

Company & Directors' Information:- V J SERVICES PRIVATE LIMITED [Strike Off] CIN = U29242GJ2013PTC074510

Company & Directors' Information:- N I SERVICES PRIVATE LIMITED [Strike Off] CIN = U64202KL2000PTC014355

Company & Directors' Information:- A & G LEGAL SERVICES PRIVATE LIMITED [Under Process of Striking Off] CIN = U74110KL2013PTC035282

Company & Directors' Information:- 7-A SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2019PTC359011

Company & Directors' Information:- L K E SERVICES PRIVATE LIMITED [Active] CIN = U74999RJ2021PTC073635

Company & Directors' Information:- F I SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2001PTC113001

Company & Directors' Information:- C R D SERVICES PVT LTD [Active] CIN = U72300AS1988PTC003097

Company & Directors' Information:- B I M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KA1974PTC002694

Company & Directors' Information:- T Q M SERVICES PVT. LTD. [Strike Off] CIN = U74140DL1999PTC101341

Company & Directors' Information:- BUSINESS SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KA1978PTC003277

Company & Directors' Information:- B AND M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140MH1977PTC019880

Company & Directors' Information:- M J B E-SERVICES PRIVATE LIMITED. [Strike Off] CIN = U72400DL2006PTC150832

    C.R.P. No. 405 of 2021

    Decided On, 25 March 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MRS. JUSTICE V. BHAVANI SUBBAROYAN

    For the Petitioner: Sriram Venkatavaradan, Advocate. For the Respondent: -----



Judgment Text

(Prayer: Civil Revision Petition is filed under Article 227 of Constitution of India against the Docket order of the Hon'ble Chairman / District Judge in returning the Mediation Application filed on 28.11.2019 under Section 12A of the Commercial Courts Act, 2015 on the file of the District Legal Services Authority is contrary to law, manifestly erroneous and unjust and in any event, it is liable to be set aside.)1. The present Civil Revision Petition has been filed under Article 227 of Constitution of India to set aside the Docket order of the Hon'ble Chairman / District Judge in returning the Mediation Application filed on 28.11.2019 under Section 12A of the Commercial Courts Act, 2015 on the file of the District Legal Services Authority, on the ground that the same is contrary to law, manifestly erroneous and unjust.2. The case of the petitioner is that the 2nd respondent, vide its order dated 22.08.2014 held that Schemes of M/s PACL Limited were in the nature of collective investment schemes and interalia directed the PACL Ltd., its promoters and its Directors to wind up all of its collective investment schemes and refund the monies collected by it under its schemes with returns which were due to its investors / depositors. The refunds were to be disbursed, as per the terms of offer within a period of three months from the date of the order. Aggrieved by the said order, M/s PACL appealed before the Securities Appellate Tribunal [hereinafter referred to as SAT] and by order dated 12.08.2015, the authority dismissed the appeals and upheld the order of the 2nd respondent. In consequence, M/s PACL filed appeals in C.A.Nos.13319 and 13394 of 2015 before the Hon'ble Supreme Court and the said court had constituted a committee under the chairmanship of Hon'ble Justice (Retd) Mr.R.M.Lodha (Former Chief Justice of India) for disposing of the land purchased by the said company, in order to pay the depositors by way of sale proceeds, who have invested their funds in M/s PACL for purchase of land under the alleged scheme.3. Subsequently, the said Committee in order to implement the said directions of the Hon'ble Supreme Court, decided to collect and collate the claims of all such depositors and investors throughout India, by designing a website to receive the details and invite claims from the multitude of depositors scattered across the country, so as to be verified with the PACL database as provided by M/s PACL to the committee. The committee floated tenders towards the said purpose. The petitioner having offered the most competitive quotation and having met all the evaluation matrix criteria as well as the technical expertise, was awarded with the contract vide Work Order No.JMRLC/PACL/No.2917 dated 17.10.2017 with general terms and conditions.4. In continuance, a legal notice was sent by the petitioner on 18.12.2018 for recovery of dues payable to the petitioner for the services rendered in the matter of PACL Limited narrating various facts. Further, the petitioner has filed Form-1-Mediation Application under Rule 3(1) narrating the details of dispute and the said application was dismissed, hence the petitioner has filed the present Civil Revision Petition.5. The learned counsel for the petitioner submits that the petitioner is the fastest growing technology development companies, specializing in incorporation, registrations and filings, accounting, documentation and compliances and a leading innovator in the field of legal and accounting software. The petitioner submitted its quotation for designing and implementing the said project. The petitioner having offered the most competitive quotation and having met all the evaluation criteria, the work order dated 17.10.2017 was allotted to the petitioner.6. That apart, the learned counsel for the petitioner submits that the work order was unconditional and mandated that the petitioner to take into account all the claims/ applications / submissions placed before it. Further, more than 14.48 Lakh people submitted their claim applications and this data was seamlessly collected and stored on the servers of the petitioner. Also the Nodal officer, on 27.02.2018, about three weeks, after the receipt of the said invoice, stated that only a subset of the claims processed where the claim amount was less than Rs.2,500/- and which were complete in all respects were to be paid for. The modified work order without the consensus of the petitioner was a departure from the understanding between the parties. The committee admitted the modification of the work order, as per the letter dated 27.02.2018.7. The learned counsel for the petitioner also contends that the committee directed the petitioner to run the entire painstaking and expensive manual verification process at its cost, which was without precedent, unfair and arbitrary. The petitioner therefore was left with no remedy excepting to approach Courts to remedy his grievance. As a result, the petitioner approached the District Legal Services Authority, Chennai and filed a Mediation application on 28.11.2019 in order to settle the disputes amicaly between the parties. Thereafter, the said Authority returned the Mediation application filed under Section 12A of the Commercial Courts Act, 2015 and Rule 3 of the Commercial Courts (Pre- Institution Mediation and settlement ) Rules, 2018 citing Clause (S) of the work order dated 17.10.2017, which states as follows:“The application form for mediation filed under the Commercial Courts, Act 2015 under Commercial Courts (Pre-Institution Mediation and Settlement Rules, 2018 is returned for want of jurisdiction. Clause (S) of the work order entered into between the applicant and respondent reads:“S. Any dispute arising out of or in respect of the contract will be subject to the jurisdiction of the Hon'ble Supreme Court only” hence returned”8. Subsequently, the petitioner approached the Hon'ble Supreme Court by filing two applications in Civil Appeal No.13394 of 2015, one of the said application is, I.A.No.197018 of 2019 seeking impleadment/invervention of the petitioner herein and the 2nd application, I.A.No.197019 of 2019 is, seeking clarification to the effect that Clause(S) of the work order dated 17.10.2017 did not preclude the petitioner herein from pursuing its claims against the Ld. Committee before the courts here at chennai. The said applications have not been pursued by the petitioner herein, in view of the fact that there was significant delay in listing the matter. In view of the above, the petitioner pleaded to invoke the supervisory jurisdiction of this Court to pass an order directing the Hon'ble Chairman / Principal Judge, District Legal Services Authority, City Civil Court, viz., 1st respondent to entertain the Mediation Application filed by the petitioner on 28.11.2019.9. The learned counsel for the petitioner in support of his contention relied upon the Judgments of the Hon'ble Supreme Court in Interglobe Aviation Ltd., V. N.Satchidanand reported in (2011) 7 SCC 463 : (2011) 3SCC (Civ) 747 and the case reported in (1971) 1 SCC 286 Hakam Singh Vs. Gammon (India) Ltd. Further, the learned counsel for the petitioner also relied on the Judgment of Gujarat High Court in Snehalkumar Sarabhai Vs. Economic Transport Organisation reported in AIR 1975 Guj 72 at Page 72 (which has been referred to affirmatively by the Hon'ble Supreme Court in A.B.C. Laminart Pvt., Ltd., Vs. A.P.Agencies, AIR 1989 SC 1239), wherein it is held as under:"The ouster clause can operate as estoppel against the parties to the contract. it cannot tie the hands of the court and denude it of the power to do justice. It is no doubt true that ordinarily courts would respect the agreement between the parties which is born out of the meeting of their minds and out of considerations of convenience. But the Courts are not obliged to do in ever case. A new approach to this question deserves to be made for the ouster clause is calculated to operate as an engine of oppression and as a means to defeat the ends of justice. But the court on its part is not bound by the stipulation. The stipulation can be ignored by the excluded court which otherwise possesses jurisdiction if it is considered to be oppressive having regard to the surrounding circumstances including the stakes involved."10. Heard the learned counsel for the petitioner and perused the documents placed on record.11. On going through the documents filed by way of typed set of papers, it is seen that the petitioner had approached the District Legal Services Authority by mentionining the details of dispute and the same is reproduced hereunder:"Details of Dispute:1. Nature of dispute as per Section 2(1)(c)(xviii) of the Commercial Courts Act,2015.2. Quantum of claim: Rs.2,65,47,115/-3. Territorial jurisdication of the competent court: Chennai, Madras High court4. Brief Synopsis of Commercial dispute (not to exceed 5000 words) Attached herein5. Additional points of relevane - NA"12. That apart, earlier, the petitioner has sent a legal notice on 18.12.2018 to the Hon'ble Committee seeking the following prayers:- (i)seeking an immeidate release of Rs.1,48,47,115/;- being the total amount of outstanding as per the original work order along with interest at 18% from the date of outstanding till the date of remittance. (ii)Seeking compensation towards loss of Rs.17,00,000/- towards incorect remittance of TDS by the Nodal officer. (iii)Seeking compensation of Rs.1,00,00,000/- for harassment, intimidation and coercion by the Nodal officer for the loss to reputation caused by her malafides activities and false and baseless allegations against the client. That apart, the petitioner approached the District Legal Services Authority, Chennai - 104 for mediation. Thereafter, the District Legal Services Authority, taking into account the conditions culled out in Clause (S), had rejected to entertain the said petition.13. On going through the work order dated 17.10.2017, especially Clause (S), issued by the Hon'ble Committee , wherein it states that “Any dispute arising out of or in respect of the contract will be subject to the jurisdiction of the Hon'ble Supreme Court only” hence, it is clear that any dispute in respect of the contract will be subject to the jurisdiction of the Hon'ble Supreme Court and not in any other Court. Further, in the conditional order it is clearly stated that "in case of any clarification, please do write to us immeidately" When the committee has been appointed by the Hon'ble Supreme Court and the conditional work order also stipulates that any dispute arising out of the work order, will be subject to the jurisdiction of the Supreme Court, this petitioner cannot now seek the indulgence of this Court to refer the matter to mediation, which definitely has no jurisdiction to entertain the matter.14. Moreover, the contention of the learned counsel for the petitioner that if a contract confers juridsiction on a court that has no jurisdiction at all to entertain the petition / application, the

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jurisdiction of other courts / forum which is the proper court / forum to try the questions is not barred and such a clause cannot be pleaded, as a bar to an application brought before the District Legal Services Authority, is not acceptable, because the Clause (S) of the work order clearly mentions that“Any dispute arising out of or in respect of the contract will be subject to the jurisdiction of the Hon'ble Supreme Court only” and the plain reading itself would show that the said dispute has to be raised before the Hon'ble Supreme Court only and not before this Court.15. Further, it is also seen that the petitioner has filed two applications, viz., I.A.No.197018 of 2019 seeking impleadment/invervention of the petitioner herein and the other one is, I.A.No.197019 of 2019 was filed seeking clarification to the effect that Clause(S) of the work order dated 17.10.2017, therefore, it is clear that the petitioner is not precluded from pursuing its claims against the Ld. Committee, that being the case, the petitioner is at liberty to pursue the matter before the Hon'ble Supreme Court, where the jurisdiction vests and this Court is not inclined to interfere in such matter and the same is hereby dismissed. No costs.
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