Exclusive jurisdiction clause and cause of action principles barred Calcutta forum for contract disputes linked to Aligarh.

Territorial jurisdiction depended on where the contracts were executed, performed, and contractually anchored. The agreements were made at Aligarh, the construction work and arbitration were to take place at Aligarh, and the clauses expressly conferred jurisdiction on the Aligarh Court. As no part of the cause of action arose within the territorial limits of the Calcutta High Court, that forum could not be invoked. The proceedings before the Calcutta High Court were therefore unsustainable for want of territorial jurisdiction.

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Issues: Whether the High Court of Calcutta had territorial jurisdiction to entertain proceedings arising out of contracts executed and to be performed at Aligarh with an exclusive jurisdiction clause in favour of the Aligarh Court.

Analysis: The contracts were executed at Aligarh, the construction work was to be carried out at Aligarh, the arbitrator was to function at Aligarh, and the agreement expressly conferred jurisdiction on the Aligarh Court in the event of dispute. No part of the cause of action arose within the territorial limits of the Calcutta High Court, and the respondent's choice of that forum was treated as an attempt to invoke a court lacking jurisdiction.

Conclusion: The High Court of Calcutta had no jurisdiction, and the proceedings there were unsustainable.

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