If two Courts have jurisdiction to try a suit, parties to an agreement CAN mutually agree to exclude the jurisdiction of one Court in preference to the other (having regard to the provisions of Sections 23 and 28 of the Indian Contract Act, 1872)
A.B.C. Laminart vs. A.P. Agencies, AIR 1989 SC 1239
TPR Marketing Pvt. Ltd. vs. Kingsbury Personal Care Pvt. Ltd., 2009 (4) ALT 16
Where there are two Courts which has jurisdiction, Plaintiff (being the dominus titus) has the right to choose the Court in which (s)he would like to institute the suit and the Defendant cannot insist on the choice of forum (subject to the above proposition)
Pullickal Estates vs. Joseph, (1955) 2 Mad LJ 228
Velupillai Narayana Pillai, Advocate vs. N. Gopala Pillai and Ors., AIR 1974 Ker 27
The Commissioner of Customs vs. Standard Industries Ltd., 2007 (109) BOMLR 677