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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
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 therein and that the remedies prayed for in the suit and interlocutory application do not fall within the scope of the agreement.Therefore, he contends that the plaint does not disclose a cause of action.
4. In response, learned counsel for the plaintiff submits that the enti
A jurisdiction clause in a contract does not bar a suit if the entire cause of action arises within the jurisdiction of the court.
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The court clarified that territorial jurisdiction must be based on where substantive negotiations occurred, not merely on correspondence or registered office locations.
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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....
Point of Law : Return of plaint – Jurisdiction of Court- Work Contract - Cause of action for the institution of the suit has arisen at Raipur where the alleged contract was executed Hence Court has j....
The Courts at Patiala did not have jurisdiction to entertain the suit of the respondent as the suit property/res is situated in Gurugram. The agreement in question is a forged and fabricated document....
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