1 ARBAP103/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.103 OF 2011 Chandur Moriani ...Applicant v/s M/s Maruthi Associates ...Respondents Ms Shiksha Goenkar i/b M/s M.M. Legal Associates for Applicant. None for Respondents. CORAM : D.K.DESHMUKH J. DATE : 23RD JUNE 2011. 2 ARBAP103/11 P.C. :- 1] The arbitration clause is contained in clause 18 of the agreement, however, clause 19 of the agreement reads thus :- 19. Any suit or legal proceedings arising out of this Agreement shall be subject to jurisdiction of Bangalore, Karnataka. It appears that the applicant is from Mumbai and the respondents are at Bangalore. The agreement, it appears, has been signed at Mumbai but because the respondents reside at Bangalore and carry on business at Bangalore, Bangalore Court will have jurisdiction. Therefore, both the Courts, i.e. Court in Mumbai and Court in Bangalore have jurisdiction and the parties have chosen one Court. 2] The learned counsel appearing for applicant pointed out to me a judgment of the Supreme Court in 3 ARBAP103/11 the case of A.B.C. Laminart Pvt.Ltd. And anr. v/s A.P. Agencies, Salem, reported in AIR 1989 SC 1239 wherein the Supreme Court has considered a clause which was worded similar to the arbitration clause in the present case and the Supreme Court has observed that even without the clause using the term  exclusive , the parties can oust jurisdiction of one of the Courts. In the agreement, above quoted clause clearly confers jurisdiction on Bangalore Court. In my opinion, when parties have decided that their disputes arising out of the agreement will be resolved by the Bangalore Court, the intention cannot be disregarded and this order, declining to entertain this application will also not render the applicant remedy-less because the applicant would be free to approach appropriate Court at Bangalore. In view of clause 19 of the agreement, this application cannot be entertained. Application is disposed off. Parties to act on the copy of this order duly authenticated by the Associate / Private 4 ARBAP103/11 Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH )