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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Senthilkumar Ramamoorthy, J
Olympia Movies – Appellant
Versus
B. Pradeep, S/o.Bhagchand – Respondent
| Table of Content |
|---|
| 1. jurisdiction and cause of action are contested. (Para 1 , 2 , 3 , 4) |
| 2. exclusive jurisdiction clauses do not establish law. (Para 5 , 8 , 9 , 10) |
| 3. plaintiff's claims and damages outlined. (Para 6 , 7) |
| 4. application dismissed without costs. (Para 11) |
ORDER :
Senthilkumar Ramamoorthy, J.
By this application, the defendant seeks rejection of the plaint, both on the ground that the plaint does not disclose a cause of action and on the ground that the suit is barred by law.
2. Learned counsel for the applicant/defendant referred to Clause-7 of film assignment agreement dated 12.09.2022 between the plaintiff and defendant and submitted that the said clause provides for the exclusive jurisdiction of courts in Mumbai in respect of disputes between the parties. By further stating that the plaintiff has challenged the validity of this clause merely to justify the circumvention thereof, he contends that the plaint is liable to be rejected under Order VII Rule 11 (d) of the Code of Civil Procedure, 1908 (CPC).
3. By also referring to the termination clause in the above mentioned assignment agreement, learned counsel submits that the remedies of the plaintiff are specified therei
A jurisdiction clause in a contract does not bar a suit if the entire cause of action arises within the jurisdiction of the court.
Jurisdiction clauses in contracts do not oust local courts if business activities affecting local parties are involved, and a plaint cannot be dismissed solely against some defendants if others remai....
The court clarified that territorial jurisdiction must be based on where substantive negotiations occurred, not merely on correspondence or registered office locations.
Jurisdiction depends on the actual location of cause of action, not merely on where communications occur; e-mails do not constitute cause of action.
The validity of the jurisdiction clause in an agreement and the determination of cause of action based on the place of goods supply and payment location.
The place where payment is to be made under the contract forms part of the cause of action, and the court may grant leave under Clause XII of the Letters Patent based on the part of the cause of acti....
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