Sanjib Banerjee, J. - (1.) The earlier petition is by the plaintiff for an interlocutory injunction. The later petition is by the first defendant for revocation of the leave granted under Clause 12 of the Letters Patent at the time of the receipt of the suit on the ground of the two distributorship agreements, which are the subject-matter of the suit, being governed by similar forum selection clauses. The distributorship agreements for the Bengal and the Bihar-Jharkhand areas contain the following forum selection clauses, respectively: R. Jurisdiction In the event of any dispute under the agreement, the Civil Courts of Bangalore alone will have exclusive jurisdiction to decide on the matter. 21. It is hereby specifically agreed and declared that in the event of a dispute regarding matters connected with, relating to or touching these presents or the transactions hereunder, the Civil Courts in Bangalore alone shall have exclusive jurisdiction.
(2.) Both agreements also carry a similar final clause to the effect that the relevant agreement contains the entire agreement of the parties thereto with respect to the subject-matter thereof and supersedes all prior agreements, arrangements or understanding whether oral or in writing. The distributorship agreement for West Bengal is dated July 11, 2007 and the one for Bihar-Jharkhand is dated May 21, 2008.
(3.) The primary ground on which the first defendant's petition is founded appears from paragraph 8 thereof: 8. It is further stated that the Distributorship Agreements were executed by the applicant in Bangalore, outside the jurisdiction of this Hon'ble Court. It is stated that courts in Bangalore have exclusive jurisdiction to adjudicate upon the disputes arising out of and/or relating to the Distributorship Agreements in so far as the office of the defendant no.1 herein is located at M.G. House, No. 20, 4th Cross, 5th Block, Koramangala Industrial Layout, Koramangala, Bangalore - 560095, within the jurisdiction of the Hon'ble Courts at Bangalore. Further the agreements as stated above were executed by the applicant at its office in Bangalore, the plaintiffs payment obligations under the terms of the Distributorship Agreements were to be performed at Bangalore being the location of the office of the defendant no.1 herein, and the plaintiff had duly made over cheques in discharge of its performance obligation under the terms of the Distributorship Agreements to the defendant no.1 at Bangalore, which were duly deposited by the defendant no.1 viz the applicant herein with the respective drawee banks at Bangalore. As such, a part of the cause of action relating to the Distributorship Agreements have arisen within the jurisdiction of the courts at Bangalore. ;