Parties under an agreement cannot confer jurisdiction on any Court or Tribunal which has no inherent jurisdiction to try any particular case – Jagson Colorchem Ltd. Vs. Jayapushpam Investments and Trading Pvt. Ltd. – NCLT Mumbai Bench
Whether the parties under an agreement confer jurisdiction on any Court or Tribunal which has no inherent jurisdiction? The Adjudicating Authority held that in this context it is appropriate to mention here that it is a well settled principle of law that the parties under an agreement confer jurisdiction on any one of the Courts and Tribunals when two or more Courts or Tribunals have jurisdiction. However, parties under an agreement cannot confer jurisdiction on any Court or Tribunal which has no inherent jurisdiction to try any particular case. As discussed above the NCLT has no jurisdiction to adjudicate the lis between the parties under the above Agreement to Sale because of its peculiar nature of transaction and therefore the parties by an agreement cannot confer jurisdiction on NCLT simply because it can be used as weapon against their opponent to recover the dues or it is convenient to them.