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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KAUSHIK GOSWAMI
Engineering Project (India) Limited – Appellant
Versus
J.A. Brothers – Respondent
| Table of Content |
|---|
| 1. procedural context and factual origin of the dispute. (Para 1 , 2 , 3) |
| 2. parties' conflicting contentions regarding territorial jurisdiction and cause of action. (Para 4 , 5) |
| 3. exclusive jurisdiction clauses are legally binding and enforceable. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. application of contractual jurisdiction clauses to current facts. (Para 18 , 19) |
| 5. court rules suit lacks local jurisdiction, transferring to competent court. (Para 20 , 21 , 22 , 23) |
JUDGMENT :
KAUSHIK GOSWAMI, J.
1. Heard Mr. P. Goswami, learned counsel appearing for the petitioners. Also heard Mr. R.B. Phookan, learned counsel appearing for the respondent.
2. By this application under Section 115 of the Code of Civil Procedure, 1908 (hereinafter referred to as the “CPC”), the petitioners have assailed the order dated 14.05.2019 passed by the learned Civil Judge No. 1, Kamrup (Metro), Guwahati (hereinafter referred to as the “trial court”) in Petition No. 290/2019 arising out of Title Suit No. 527/2018, whereby the application filed under Order VII Rule 10 for return of the plaint came to be rejected.
3. The brief facts, shorn of unnecessary details, are that the
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