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C Doctor & Company Private Limited vs Tata Projects Limited & on 23 December, 2016

19. Delhi   High   Court   in   the   case   of  DLF   Industries   Ltd.   v.   ABN   Amro   Bank   and   others   (supra), Engineering Projects (India) Limited v.  Greater Noida Industrial Development and Another   (supra)    and the Colkata High Court in the case  of  McNally Bharat Engineering Company Limited v.   Maharashtra   State   Power   Generation   Company   Limited   (supra)  has   taken   similar   view   on   the  basis   of   the   decision   of   the   Hon'ble   Supreme  Court in the case of South East Asia Shipping Co.   Ltd. (supra).
Gujarat High Court Cites 22 - Cited by 0 - A G Uraizee - Full Document

Cts Industries Limited vs Gammon India Limited & Anr on 31 July, 2019

In McNally Bharat Engineering Company Limited Vs. Maharashtra State Power Generation Company Ltd. AIR 2015 Cal 207, a Single Judge of this Court had occasion to consider a case with a very similar factual scenario. In McNally too, the matter related to an alleged wrongful invocation of a bank guarantee with the chosen forum between the parties being the Mumbai courts. McNally was decided at the stage of rejection of the plaint and in the alternative for presentation of the plaint before the appropriate Court having jurisdiction. The present case is at the stage of revocation of leave under Clause 12. In McNally, the Court held:
Calcutta High Court Cites 26 - Cited by 0 - R K Kapur - Full Document

Khazana Projects & Industries Pvt. Ltd vs Indian Oil Corporation Ltd on 27 August, 2019

There cannot be any quarrel with the proposition of law that the parties by agreement cannot confer jurisdiction on a Court which does not otherwise have the jurisdiction to try and determine the suit (See paragraph 14 of McNally Bharat Engineering Company Limited v. Maharashtra State Power Generation Company Ltd. AIR 2015 Cal 207).
Calcutta High Court (Appellete Side) Cites 37 - Cited by 3 - R K Kapur - Full Document

Lumino Industries Ltd vs Fedders Lloyd Corporation Ltd. & Anr on 17 August, 2015

Mr.Thakkar has also relied upon a decision of this Court in McNally Bharat Engineering Company Limited versus Maharashtra State Power Generation Company Ltd. reported in MANU/WB/0447/2015, In the High Court of Calcutta, GA No.2875 of 2014 and CS No.219 of 5 2014 for the proposition that once the parties have agreed to the jurisdiction clause by adding the bank to the suit, the plaintiff cannot escape from the agreement entered into by and between the parties.
Calcutta High Court Cites 4 - Cited by 0 - S Sen - Full Document
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