Moushumi Bhattacharya, J. - (1.) This is an application for revocation of leave under Clause 12 of the Letters Patent, 1865, and for rejection of the plaint filed in the suit. The suit was filed in May 2016 for non-realisation of dues in respect of invoices raised for supplies made by the plaintiff to the defendants under purchase orders issued by the latter.
(2.) The defendant's case is that no part of the cause of action has arisen from within the jurisdiction of this Court which would be evident from the following:- The purchase orders issued by the defendant were addressed to the plaintiff at the plaintiffs' offices located in the States of Chhattisgarh and Maharashtra and were received at those places. The supplies were made by the plaintiff in Andhra Pradesh, Assam, Chhattisgarh, Karnataka and other states outside West Bengal. The invoices were issued by the plaintiff from its offices located at Nagpur and Raipur. A substantial number of the invoices required payments to be made in the aforesaid places. The registered office of the defendant is located in Mumbai. Master data maintained with the Ministry of Corporate Affairs, Government of India shows that the registered office of the plaintiff is located outside the jurisdiction of this Court.
(3.) The most important fact according to the defendant is that the invoices on the basis of which the plaintiff has filed the suit contains a forum selection clause by which disputes pertaining to the agreement are required to be referred to either Raipur or Nagpur, to the exclusion of all other jurisdictions. The Clause mentioned in the invoices which the defendant relies on contains the specific words "Subject to RAIPUR Jurisdiction Only". The invoices further mention the address of the plaintiff as being Agrasan Chowk, Raipur and also mention that "payment shall be made by RTGS/Cheque or Bank Draft payable at Raipur Only". The next set of invoices relied on by the defendant contains the Clause "Subject to Nagpur Jurisdiction Only" and that "Payment shall be made by RTGS/Cheque or Bank Draft payable at RAIPUR/NAGPUR Only". The address of the plaintiff has been described at a location at Nagpur.;