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2013 (8) TMI 89 - HC - Indian LawsJurisdiction of the Court to decide the issue - Plaintiff is a company incorporated under the Companies Act, 1956 having its registered office at New Delhi and head office at Gurgaon, Haryana - The defendant is a body corporate constituted by the West Bengal Act, LIX 1980 - Vide Memorandum of Agreement (MOA hereinafter), the defendant awarded a contract to the plaintiff to operate and maintain at Palta, West Bengal – Held that:- As per the judgment in the case of South East Asia Shipping Co. Ltd. v. Nav Bharat Enterprises Pvt. Ltd. and Ors.,[1996 (3) TMI 471 - SUPREME COURT], “….cause of action consists of bundle of facts which give cause to enforce the legal injury for redress in a court of law. The cause of action means, therefore, every fact, which if traversed, it would be necessary for the plaintiff to prove in order to support his right to a judgment of the Court. In view of the admitted position that contract was executed in Bombay, i.e., within the jurisdiction of the High Court of Bombay, performance of the contract was also to be done within the jurisdiction of the Bombay High Court; merely because bank guarantee was executed at Delhi and transmitted for performance to Bombay, it does not constitute a cause of action to give rise to the respondent to lay the suit on the original side of the Delhi High Court…………” In the present case too, the MOA was executed at Kolkata and the performance of the contract was to be carried out in West Bengal. Merely because invoices were raised from New Delhi or payments were made by the plaintiff on account of service tax/education cess at New Delhi, are not sufficient to clothe this court with jurisdiction - Parties was to confine the jurisdiction to Kolkata only.
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