https://www.taxtmi.com/caselaws?id=235794 A jurisdiction clause making the contract subject to Calcutta courts can operate as an exclusive forum selection clause even without the words "only" or "exclusively" if that intention is clear from the agreement and surrounding circumstances. The plaintiff's reliance on the place of invoice issuance, its New Delhi registered office, and payment of service tax and education cess did not establish any material part of the cause of action, as those were unilateral or incidental facts. The contract was executed at Kolkata, the defendant was based there, performance was to occur in West Bengal, and the communications and payment obligations pointed to Kolkata. The court therefore lacked territorial jurisdiction and the plaint was ordered to be returned for filing before the proper court. en-us Mon, 29 Jul 2013 00:00:00 +0530 Sat, 03 Aug 2013 09:17:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=235794 A jurisdiction clause making the contract subject to Calcutta courts can operate as an exclusive forum selection clause even without the words "only" or "exclusively" if that intention is clear from the agreement and surrounding circumstances. The plaintiff's reliance on the place of invoice issuance, its New Delhi registered office, and payment of service tax and education cess did not establish any material part of the cause of action, as those were unilateral or incidental facts. The contract was executed at Kolkata, the defendant was based there, performance was to occur in West Bengal, and the communications and payment obligations pointed to Kolkata. The court therefore lacked territorial jurisdiction and the plaint was ordered to be returned for filing before the proper court. Case-Laws Indian Laws Mon, 29 Jul 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=235794