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I. P. MUKERJI, BISWAROOP CHOWDHURY
FB Tech Private Limited – Appellant
Versus
AKMB Projects Private Limited – Respondent
JUDGMENT :
We admit this appeal. As the point involved is very short, we propose to dispose of it today dispensing with all formalities.
2. The dispute between the parties arises out of a financial agreement between them. It contains an arbitration as well as a forum selection clause.
3. In the forum selection clause, the courts at New Delhi have exclusive jurisdiction to try the dispute between the parties.
4. Mr. Jaydip Kar, learned senior advocate appearing for the appellants/petitioners submits that part of the cause of action has arisen in New Delhi. Therefore, the learned court at Alipore has no jurisdiction to try and determine the suit.
5. By an ex-parte ad interim order dated 17th October, 2023 passed by the City Civil Court, Calcutta (Misc. Case No. 6166 of 2023), which is impugned in this appeal, the appellants/petitioners have been directed to provide a bank guarantee or security of any mode of Rs. 56,50,298/-. In the impugned order it has simply been stated that on perusal of the records the learned judge found this amount to be the admitted amount which the appellants “refused to pay”.
6. Where the jurisdiction of the court is questioned by a party, that question has to be
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