TIRUMALA TIRUPATI DEVASTHANAMAAND Vs. TITECH ENGINEERS PVT. LTD.

JUDGEMENT

(1.) ADMITTEDLY , the works in question which are subject matter of dispute between the parties and as awarded to the respondent have to be executed at Delhi. The works are pertaining to civil construction works at Delhi.

(2.) THE only issue which needs to be decided is, whether in view of Clause 2.15 of the agreement between the parties, courts at Delhi cannot entertain the suit, for the reason it is alleged by the petitioner that contract(s) were executed at Tirupati.

(3.) IT is settled law that where a cause of action has accrued to a party within the territorial jurisdiction of more than one court, suit can be filed in any court where part of cause of action has accrued. It is equally settled that by consent, parties can exclude jurisdiction of a particular court and confer exclusive jurisdiction on a particular court. It is equally well settled that by consent, no jurisdiction can be conferred on the court if it does not inherently possess one.