The key question which arises for consideration in this case is whether the forum selection clause can be said to be effective and, if so, whether it is binding on the parties. The second aspect of the question may be answered first. Every clause in an agreement between the parties is binding on the parties, but any covenant is also capable of being waived. If the parties have agreed to go to a particular Court, but one party commits breach of such agreement and goes to another Court, unless an objection in such regard is raised at the earliest opportunity by the other party, the Court cannot suo motu enforce the forum selection clause on the parties to the contract. A forum selection clause, just like most other clauses contained in an agreement between two parties, is capable of being waived.
IN THE HIGH COURT OF CALCUTTA
GA 1329 of 2018, APO 163 of 2018 and AP 924 of 2017
Decided On: 06.09.2018
Hirok Chowdhury Vs. Khagendra Nath Mandal and Ors.
Hon'ble Judges/Coram:
Sanjib Banerjee and Abhijit Gangopadhyay, JJ.
Citation: AIR 2018 Cal 272
