Bombay High Court refuses Meta’s jurisdiction challenge, holding that contractual forum clauses cannot override Indian procedural law; Facebook India’s failure to object earlier proved fatal.
The Bombay High Court has dismissed Meta Platforms Inc.’s application seeking transfer of a ₹1,000 crore commercial suit filed by Blink Digital (India) Pvt. Ltd to California, affirming the jurisdiction of Indian courts. Justice Sandeep V Marne ruled that private contractual agreements cannot negate mandatory provisions under Order VII Rule 10 of the Code of Civil Procedure (CPC).
The court noted that Facebook India, as a resident entity in India, had participated in proceedings without previously challenging jurisdiction — a fatal oversight under CPC principles. Citing settled jurisprudence, the bench emphasized that once a defendant appears and contests merits without timely objection, jurisdiction is deemed accepted.
"A party cannot remain silent on jurisdiction and later seek transfer when the case unfolds unfavorably."
The decision reinforces India’s stance against forum shopping by multinational digital platforms. For corporate litigators, it reaffirms the necessity of preliminary jurisdictional defenses and the risks of procedural default.
Citations
- Order VII Rule 10 CPC
- Meta Platforms Inc. v. Blink Digital (India) Pvt Ltd & Anr.
