Judgment

SUBBA RAO, J. : This is an appeal by special leave against the order of Mody J., sitting on the Original Side of the Bombay High Court, passed on the notice of motion taken out by the appellants to restrain the respondents from proceeding with the suit filed by them in the Court of the Subordinate Judge, Kakinada in the State of Andhra Pradesh, hereinafter called the Kakinada suit. The material facts relevant to the question raised are as follows : The appellants agreed to purchase from the respondents iron ore under four contracts. They also entered into three contracts with the respondents to act as their selling agents, and one of these contracts was dated August 10, 1956, and the other two were of August 30, 1956. All the said contracts expressly provided that all suits and legal proceedings in respect of disputes arising out of or in relation to the said contracts were to be instituted in Courts in Bombay City only. On January 23, 1957, the respondents filed a suit O. S. No. 16 of 1957, in the Kakinada Court against the appellants for the recovery of a sum of Rs. 5,150 alleged to be balance due under the contract dated August 10, 1956, along with interest thereon, and