The Tata Iron And Steel Company Limited vs Himani Alloys Limited on 28 January, 2008
10. As to the conflicting forum selection clauses, the plaintiff submits that on the ABC Laminart reasoning neither clause would pass muster. A Judgment reported at 2007(3) CLT 43 (Apeejay Oxford Bookstores Private Limited v. Hotel Leela Venture Limited) has been cited to suggest that for the plaintiff to be pinned to a particular forum, ahead of that before which the plaintiff had brought an action, the Court would first require the defendant to establish that the parties had agreed that it was only such other forum which could receive the action.