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2016 (7) TMI 1472 - MADRAS HIGH COURTDoctrine of forum conveniens - Revocation of leave granted - Held that:- The Law is quite settled that the parties by consent cannot confer jurisdiction upon a Court. It is not a case where two Courts have jurisdiction of which the parties have elected one. If we see the order passed at the time of granting leave, then there will not be any confusion. The plaintiff has proceeded on the footing that Sholinganallur comes within the territorial jurisdiction of this Court. That is why, the averments that the agreement was entered into, the office of the plaintiff is situated within Chennai, the first defendant worked in Chennai and followed by the acceptance of resignation have been taken note of by this Court. Therefore, there is no other way that is available for the plaintiff except to approach the Court, which has got territorial jurisdiction over Sholinganallur. The submission of the learned Senior Counsel for the Plaintiff that the payments having been made from the bank at Chennai, the suit is maintainable, cannot be countenanced. Admittedly, the second defendant is not situated within the territorial jurisdiction of this Court. The payment is a mere ministerial or administrative act. It is not a material fact, which requires to be proved leading to the granting of relief in favour of the plaintiff. It is not even a relevant fact. Hence, the submission made in this regard is accordingly rejected. Application disposed off.
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