Indira Banerjee, J.—This application has been taken out by the petitioner, seeking orders restraining the respondent from initiating or proceeding with any legal proceedings in any Court in Illinois or in any other place in the United States of America or in any forum other than this Court.

2. The plaintiff/petitioner is engaged in manufacture, sale and repair of locomotive traction motors, spare parts and other ancillary commodities. The registered office of the plaintiff/petitioner is situated in Kolkata, within the jurisdiction of this Court.

3. On or about 1st October, 2008, the petitioner entered into an agreement in writing with the respondent for supply of traction motors the respondent on terms and conditions stipulated in the said agreement.

4. The execution of the aforesaid agreement was preceded by negotiations and exchange of correspondence including e-mails within the jurisdiction of this Court. It is alleged that the respondent and/or its representatives even inspected the factory of the petitioner in India.

5. Pursuant to and/or in terms of the aforesaid agreement, the petitioner shipped traction motors to the respondent in Illinois in USA, on freight on boar