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2018 (12) TMI 1191 - HC - Indian LawsRevocation of leave - non-realisation of dues in respect of invoices raised for supplies made by the plaintiff to the defendants under purchase orders - Held that:- There is no doubt that the agreement between the plaintiff and the defendant for sale and purchase of goods was entirely contemplated to be performed outside the jurisdiction of this Court. The purchase orders issued by the defendant/buyer are forum-neutral although they were addressed to the plaintiff at Chhatisgarh and Maharashtra where they were also received. The invoices raised by the plaintiff for supply of the goods in question contained an unambiguous and specific forum selection clause. The choice made by the defendant in inserting the clauses “subject to Raipur jurisdiction only” and “subject to Nagpur jurisdiction only” indicate that the parties had agreed to be subjected only to Courts in these jurisdictions. There is no basis to presume that the parties have given a go-by to the clause conferring exclusive jurisdiction to Raipur and Nagpur - application allowed.
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