SOUMEN SEN, J. - (1.) THIS is an application in the nature of demurer taken out by Oracle India Pvt. Ltd., the defendant no. 1.
(2.) THE defendant no. 1 applicant has prayed for dismissal of the suit on the ground that no part of the cause of action has arisen within the jurisdiction of this court inasmuch as the agreement forms the basis of the claim in the suit contains a jurisdictional clause which ousts the jurisdiction of this court.
(3.) MR . Ranjan Bachawat, the learned senior Counsel appearing on behalf of the petitioner -applicant submits that the plaintiff has instituted the suit as a preemptive action. The plaintiff owes a large sum of money to the defendants which the plaintiff has failed to pay. In order to prevent the defendant no. 1 from initiating any such recovery proceeding, this suit has been instituted. It has been argued that the suit is vexatious and frivolous. Mr. Bachawat refers to the cause title of the plaint and submits that the plaintiff is having its office outside the jurisdiction of this Court.;