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2005 (3) TMI 722 - SUPREME COURTWhether there is ouster of jurisdiction of other courts? Held that:- In the case on hand the clause in the indent is very clear, viz., "court of Bombay and no other court". The trial court on consideration of material on record held that the court at Calcutta had no jurisdiction to try the suit. The High Court in the earlier part of the judgment noted that the invoice contained clause like "under jurisdiction of the court from where the goods have been dispatched" and in the indent (contract) a clause like "dispute under this contract shall be decided by the courts of Bombay and by no other courts". In our opinion the approach of the High Court is not correct. The plea of the jurisdiction goes to the very root of the matter. The trial court having held that it had no territorial jurisdiction to try the suit, the High Court should have gone deeper into the matter and until a clear finding was recorded that the court had territorial jurisdiction to try the suit, no injunction could have been granted in favour of the plaintiff by making rather a general remark that the plaintiff has an arguable case that he did not consciously agree to the exclusion of the jurisdiction of the court. Thus the view taken by the trial court was perfectly correct and the High Court has erred in reversing its order and granting an injunction in favour of the plaintiff. The appeal is accordingly allowed and order dated 21.5.2002 of the High Court is set aside.
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