SHRIDHAR VYAPAAR PRIVATE LIMITED Vs. GAMMON INDIA LIMITED

JUDGEMENT

(1.) This is an application for revocation of leave under Clause 12 of the Letters Patent, 1865, and for rejection of the plaint filed in the suit. The suit was filed in May 2016 for non-realisation of dues in respect of invoices raised for supplies made by the plaintiff to the defendants under purchase orders issued by the latter.

(2.) The defendant's case is that no part of the cause of action has arisen from within the jurisdiction of this Court which would be evident from the following:-

(3.) The most important fact according to the defendant is that the invoices on the basis of which the plaintiff has filed the suit contains a forum selection clause by which disputes pertaining to the agreement are required to be referred to either Raipur or Nagpur, to the exclusion of all other jurisdictions. The Clause mentioned in the invoices which the defendant relies on contains the specific words