Kerala High Court in the case of United India Insurance Co Ltd Vs Associated Transport Corporation Pvt Ltd & Anr AIR 1988 Kerala 36

Hon’ble High Court observed as under

"Ext. B1 series in this case also contain printed words "subject to Bombay jurisdiction alone"; Apart from the existence of these printed words, respondent has no case that there was a meeting of minds between the consignor and the carrier and there was a specific agreement in that behalf. The consignment was delivered to the carrier, the carrier took custody of the goods and thereafter issued the receipt or consignment note which contained the printed words. The note was signed only by an employee of the respondent. No doubt, they were handed over to the consignor. Hut there was nothing to indicate that there was an agreement between the parties to confer exclusive jurisdiction to Bombay Court. These printed words by themselves and without anything more would not be sufficient to constitute an agreement to oust the jurisdiction of all Courts other than the Court specified. In these circumstances, we set aside the finding of the Court below that it had no jurisdiction to entertain the suit. We find that the Court below had answered all the issues either in favour of one party or the other. The parties have no right of appeal against those findings in as much as the plaint itself was returned. In these circumstances, we deem it expedient to direct the Court below to re-try all the issues and dispose of the suit afresh. Learned counsel for the respondent pointed out that the Court below had held that the appellant was incompetent to sue. This issue also will be retried along with the other issues."