RAZIQ INTERNATIONAL (PVT) LTD. versus PANALPINA MANAGEMENT LTD.
Section 20, O VII, Rr 10 & 11 Specific Relief Act (I of 1877), Articles 42 and 54 Printing Suit for Declaration, Order and Damages Territorial Jurisdiction's Return / Rejection Theory Forum Non-Conviction Applicant A Pakistani Company That was involved. Freight forwarding, the logistics import and export business, while the defendant was a Swiss company and both had contracted the service and the defendants allegedly had a one-way cancellation. According to the Swiss legislative clause in the agreement on the court's exclusive or non-exclusive jurisdiction, the parties had the exclusive jurisdiction to settle any dispute between the parties but this was not decisive but when the question arose The nature of the jurisdiction between the parties was agreed upon, the court also had to decide on a valid inter-contract to deal with the facts and in each case the court could easily approach the source of the evidence, in the presence of unwanted witnesses. Availability of due process for, cost of attending favorable witnesses, probation of premises And all the other practical problems that could make a trial easier, faster and cheaper are the courts that had considerable nexus and proximity, and the selection clause in the Swiss forum could not be taken against public policy or legally arbitrary. Was. Was it that the parties were unaware of their relative convenience or disadvantage at the time of the agreement? The High Court refused to use any discretion in favor of the plaintiff, therefore, the action was stopped for the plaintiff to decide his claim even earlier. Will be given the option to initiate appropriate action
Related judgments — Karachi High Court Sindh, 2014