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M/S. Sysnet Global Technologies Pvt. ... vs M/S. Galgotia College Of Engineering & ... on 11 January, 2021

In Shridhar Vyapar v. Gammon India GA 44 of 2018, the Calcutta High Court was dealing with a suit for realization of dues in respect of invoices raised. The invoices contained a stipulation that the disputes shall be decided by Courts of Raipur and Nagpur respectively. The Calcutta High Court held that "parties can be bound to an agreement containing a clause conferring exclusive jurisdiction on certain courts, if by their conduct subsequent to such selection, it can be shown that the parties intended to give effect to the contract. The exception being where despite such a clause and a consensus to act by it, the cause of action arose wholly and overwhelming­ly in CS No.8489/16 M/s. Sysnet Global Technologies Pvt. Ltd. Vs. M/s. Galgotia College of Engineering & Technologies & Anr.
Delhi District Court Cites 11 - Cited by 0 - Full Document

Ssipl Lifestyle Private Limited vs Vama Apparels (India) Private Limited & ... on 16 May, 2024

In the end, it may also be observed that the case of the plaintiff also does not fall in any of the exceptions crystallized in the case of Shridhar Vyapaar Private Limited (supra). There is no averment in the plaint qua inconvenience or feasibility, or the plaintiff had not consented to the Exclusive jurisdiction clause in the Original Agreement.
Delhi High Court Cites 25 - Cited by 0 - N B Krishna - Full Document

Ssipl Retail Limited vs Vama Apparels (India) Private Limited & ... on 16 May, 2024

In the end, it may also be observed that the case of the plaintiff also does not fall in any of the exceptions crystallized in the case of Shridhar Vyapaar Private Limited (supra). There is no averment in the plaint qua inconvenience or feasibility, or the plaintiff had not consented to the Exclusive jurisdiction clause in the Original Agreement.
Delhi High Court Cites 25 - Cited by 0 - N B Krishna - Full Document

Aristo Paper Mart Through Its Partner vs Tulsi Enterprises Through Its Partner ... on 14 November, 2024

9. Ld. Counsel for the plaintiff firm has filed the written synopsis and has argued orally as well, more or less on the lines of the averments made in the plaint and deposition of the plaintiff's witness PW1 and submitted that plaintiff firm has been able to establish its case. Regarding the issue of jurisdiction, Ld. Counsel for the plaintiff has relied upon one authority reported as Shridhar Vyapaar Pvt. Ltd. Vs Gammon India Ltd, 2018 SCC OnLine Cal 11749.
Delhi District Court Cites 10 - Cited by 0 - Full Document

M/S South India Krishna Oil And Fats ... vs Geeta Rani Bajaj And Ors on 3 February, 2025

62. Shridhar Vyapar (Supra) is the decision on somewhat similar facts. In this case also, like the case at hand, the plaintiff, in derogation of jurisdiction clause regarding jurisdiction of Courts at some other place, had filed a suit in Kolkata. The case of plaintiff was that the Courts at Kolkata had jurisdiction because the defendant had made some payments through RTGS in plaintiff's bank account, which was being maintained in Kolkata. The High Court of Calcutta held that when there is no agreement between the parties regarding the place of payment, and the payment is made through RTGS, the Courts at the place where the payee maintains his bank account would not get the jurisdiction. The High Court held as under:
Delhi District Court Cites 61 - Cited by 0 - Full Document
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