09th May 2019
The Delhi High Court has held that an agreement conferring exclusive jurisdiction on a particular Court is not in violation of Section 28 of the Indian Contract Act, 1872 or Section 62 of the Copyright Act, 1957.
Court reiterated that where more than one Court has jurisdiction, parties can legally confer jurisdiction to any one Court to the exclusion of others.
It however observed that it is to be seen whether such an agreement is clear and unambiguous and the intention of the parties to submit to one Court having jurisdiction to adjudicate the subject matter while excluding the jurisdiction of another is clearly discernible from the agreement itself.
The High Court in the case of Achla Sabharwal v. A. Saptarishi Films hence upheld the order of the trial court by which plaint was ordered to be presented before jurisdiction of Courts at Mumbai as stipulated in clause 12 of the agreement between the parties.