TATA CAPITAL FINANCIAL SERVICES LTD. Vs. AMIT CHAKRABORTY

JUDGEMENT

(1.) This is a post award section 9 application. Mr. Sanjit Singh for the respondent takes the point of territorial jurisdiction. He submits that the agreement provided for a forum selection clause to the effect that only the courts at Mumbai would have jurisdiction over any case that may be instituted, arising out of this agreement.

(2.) On perusal of the agreement I find that stamps were purchased in Kolkata as certified by the Stamp Superintendent, Kolkata Collectorate [see annexure B at page 15]. Inventory of the vehicle was taken at Balarampur in West Bengal. There is every reason to suggest that the averment of the petitioner that the loan-cum-hypothecation agreement was executed within jurisdiction is correct. Hence, part of the cause of action seems to have arisen within the jurisdiction of this court. There is no evidence to suggest that any part of the cause of action has arisen within the jurisdiction of the Mumbai court. The forum selection clause can only apply provided the chosen court and other courts have concurrent jurisdiction over the matter. In that case, the parties can confer jurisdiction on one of these courts by agreeing to a forum selection clause.

(3.) Therefore, the objection regarding territorial jurisdiction is overruled.