Hakam Singh's case (supra) was discussed in ABC Laminart vs. A.P. Agencies , in the following words:-
''In the context ... explained in Hakam Singh's case (Supra) as well as ABC Laminart 's case (supra) the Ouster Clause restricting jurisdiction to Delhi Courts
Board v. Universal Petro
Chemicals Ltd. , (2009) 3 SCC 107
e. ABC Laminart Pvt. Ltd. & Anr. v. AP Agencies, Salem ... this regard he places
reliance on the Supreme Court decision in ABC Laminart Pvt. Ltd.
(supra). The Supreme Court in Para 15 observed "part
clause.
26. Before the petitioner could cite the Judgment reported at ( ABC Laminart Pvt. Ltd. and Anr. v. A.P. Agencies, Salem ), the respondent referred ... particular Court, it is a test of substance. The ABC Laminart case and an unreported Judgment rendered by a single Judge of this Court
several other judgments before it, refers to the law
discussed in ABC Laminart (P) Limited (reported at (1989) 2 SCC 163) but
arrives ... completely different conclusion than in ABC Laminart; though
the forum selection clause in ABC Laminart was "Any dispute arising out of
this sale shall
parties to the
agreement. The judgment extensively considered the case of ABC
Laminart (Supra) as also various other judgments relating to the
exclusion ... aforesaid cited para. In fact ABC
Laminart (Supra) could have been partly followed because paragraph
21 of ABC Laminart would itself show when the conferment
judgment of
the Hon'ble Supreme Court in ABC Laminart Pvt. Ltd. and others Vs. AP
Agencies Salem reported ... High Court which was canvassed before the
Supreme Court in ABC Laminart Pvt. Ltd. and others Vs. AP Agencies
Salem (supra
jurisdiction of other courts were ousted. Reliance was
placed on ABC Laminart v. A.P. Agencies [1989 (2) SCC 163] where this court
held ... arises in Delhi. As per the principle laid down in
13
ABC Laminart, any clause which ousts the jurisdiction of all courts having
jurisdiction
judgment of
the Supreme Court in the case of ABC Laminart Pvt. Ltd. And Anr. V.
A.P. Agencies, Salem , (1989) 2 SCC 163 wherein ... arisen within the jurisdiction of this Court. In the case of ABC Laminart
Pvt. Ltd. (supra) it was held by the Supreme Court that
supra), the Supreme Court, following its decision in ABC Laminart (supra), held as follows:-
"9. We may also consider the effect of the endorsement ... Laminart (supra), held that the clause did not oust the jurisdiction of courts other than those at Kashipur. The principle laid down in ABC Laminart
commercial contract. Again
following the list of judgments from ABC Laminart Pvt. Ltd v. A.P.
Agencies , it was held in Angile Insulation v. Davy ... delivered at a time when the decision in ABC Laminart Pvt. Ltd v. A.P.
Agencies had not been rendered by the Supreme Court, none
