- (1.) The defendant has filed an application for revocation of the leave under Clause 12 of the Letters Patent. The basis of the application appears to be the jurisdictional clause in the contract awarded to the plaintiff. The jurisdictional clause reads:- "Jurisdiction of Court All disputes/claims/counter-claims for and/or against the SBPDCL arising out of agreement contracts/order between the SBPDCL and the firms shall be subject to the exclusive jurisdiction of Civil Court, Patna and no other Court or Arbitrator."
(2.) Mr. P.C. Sen, the learned Senior Counsel appearing with Mr. Amitabha Das, learned Counsel appearing on behalf of the applicant submits that the letter of award contains the aforesaid forum selection clause and in view thereof, this Court has no jurisdiction to try and determine the suit. It is submitted that on a meaningful reading of the plaint it would appear that the principal dispute is between the plaintiff and the defendant No.1. It is being alleged in the plaint that the defendant No.1 has invoked the bank guarantee is not a material fact which can be taken in the consideration for the purpose of deciding the jurisdiction of this Court.
(3.) It is submitted that the offer of the plaintiff was received at Patna and the work order was issued from Patna. The work relates to supply of materials and equipments for village electrification work in Gaya District of Bihar on turn key basis under Rajiv Gandhi Gramin Vidyutikaran Yojana.;