SHIVAKANT PRASAD, J. - (1.) This is to consider an application filed on behalf of the defendant company for revocation of leave granted under Clause 12 of the Letters Patent, 1865 and to return the plaint filed in CS No.19 of 2011 to the plaintiff to be filed before the appropriate court. The plaintiff instituted the suit before this court obtaining leave under Clause 12 of the Letters Patent of 1865 alleging that a part of cause of action has arisen within the jurisdiction of this Hon'ble Court and thereby sought to invoke the jurisdiction of this court, inter alia, on the ground that the proposal of the plaintiff dated 25th August, 2005 being Annexure-A to the plaint had culminated into an agreement dated 27th August, 2005 being Annexure-B to the plaint and part payment in terms of the agreement was received at the corporate office of the plaintiff at Kolkata within the jurisdiction of this court but it has been admitted at the same time that part of the alleged cause of action has arisen at Faizabad outside the jurisdiction. It would appear that as per the proposal dated 25th August, 2005 Annexure-A of the plaintiff to the plaint the defendant had accepted the same in its office at Faizabad, Post Office Darshannagar, Uttar Pradesh outside the jurisdiction of this court.
(2.) The Work Order dated 27th August, 2005 which the plaintiff had relied upon as an agreement binding on the parties contained a forum selection clause which reads thus: "Note: All disputes/litigations will be subject to Court of Faizabad."
(3.) The said Work Order has been made a part of the plaint as Annexure-B admitting the contract as accepted at Faizabad outside jurisdiction of this Court. It is contended by Mr. Ratnanko Banerjee, learned counsel appearing on behalf of the applicant /defendant that in view of the agreement between the parties all disputes/litigations between them would be subject to the jurisdiction of the Court of Faizabad in the province of Uttar Pradesh and the entire cause of action as pleaded in the plaint by the plaintiff is at Faizabad. Therefore, this Court has no jurisdiction to try and determine the issues involved in the suit and the leave granted by this Court under Clause 12 of the letters patent 1865 is liable to be revoked. ;