Calcutta High Court (Appellete Side)
Kunal Sharma vs Union Of India & Ors on 13 January, 2026
13.01.2026
Item No. 32
Court No.08.
S. De
266045
FMA 1705 of 2025
With
I.A. No. CAN 1 of 2025
Kunal Sharma.
...Appellant.
Vs.
Union of India & Ors.
...Respondents.
Mr. Arif Ali,
Mr. Sarban Bhattacharyya,
Mr. S. Dutta, ...for the appellant.
Mr. Rabi Prosad Mookerjee,,
Mr. Rajesh Kumar Shah,
...for the respondent nos. 1 to 9.
Dictated by Arijit Banerjee, J.
1. This appeal is directed against a judgment and order dated July 30, 2025, whereby a learned Judge of this Court dismissed the appellant's writ petition being WPA 7944 of 2025, solely on the ground of jurisdiction.
2. The appellant challenged an order of termination of contract issued by the respondent authorities. The appellant says that he received the notice of cancellation at his office within the territorial jurisdiction of this Court. Hence, notwithstanding the Forum Selection Clause in the relevant contract, this Court has jurisdiction to entertain this writ petition. In support of his contention, the appellant has relied on the 2 decision of a co-ordinate Bench in the case of Ashok Kumar Saboo (HUF) & Anr. Vs. Hindusthan Paper Corporation Limited & Ors. reported in (2007) SCC OnLine Cal 202 and also on the decision of a learned Single Judge in the case of Sri Pankaj Panwar Vs. Lalit Kala Akademi & Ors. reported in 2014 SCC OnLine Cal 14154.
3. The sole question that we need to decide is whether or not the parties to a contract can agree on forums at a particular place for adjudication of disputes. It is not a question of ouster of jurisdiction of a constitutional Court. If the parties in the present case have agreed that the Courts in Bihar will have jurisdiction to adjudicate possible disputes between the parties, can still one of the parties approach a constitutional Court in any other State? This is a question of some importance.
4. Mr. Ali, learned advocate appearing for the appellant seeks a little time to do some more research on the subject.
5. List this matter once again on January 27, 2026.
(Apurba Sinha Ray, J.) (Arijit Banerjee, J.)