CISCO SYSTEMS CAPITAL (INDIA) PRIVATE LIMITED v. HEMABINDU VUPPALAPATI

Delhi High Court · 21 Sep 2015 · 2015:DHC:7889
Hima Kohli
CS(OS) 2531/2015
2015:DHC:7889
civil appeal_dismissed

AI Summary

The Delhi High Court allowed the plaintiff to withdraw a suit for recovery based on territorial jurisdiction concerns, returning the plaint and court fees to enable refiling in the appropriate forum.

Full Text
Translation output
HIGH COURT OF DELHI
CS(OS) 2531/2015 and I.A. 17619/2015 and 17621/2015
CISCO SYSTEMS CAPITAL (INDIA) PRIVATE LIMITED..... Plaintiff
Through: Mr. Punit K. Bhalla, Advocate with Ms. Chetna Bhalla, Advocate
VERSUS
HEMABINDU VUPPALAPATI ..... Defendant
Through: None
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI O R D E R 21.09.2015
JUDGMENT

1. The plaintiff has instituted the present suit against the defendant for recovery of a sum of Rs.29,52,44,677/- on the basis of a Personal Guarantee dated 21.01.2013 executed between the parties.

2. On the last date of hearing, this Court had expressed some reservations with regard to the territorial jurisdiction for instituting the suit in Delhi and the counsel for the plaintiff was requested to file some documents for clarification.

3. Today, learned counsel for the plaintiff states that he has obtained instructions from his client to withdraw the present suit with liberty to approach the competent court vested with territorial CS(OS) 2531/2015 2015:DHC:7889 jurisdiction to entertain the same. He requests that the plaint be returned along with the court fees to the plaintiff for the said purpose.

4. Ordered accordingly. The plaint alongwith the court fees is directed to be returned to the counsel for the plaintiff, to be presented before the competent Court vested with the territorial jurisdiction.

5. The suit is disposed of alongwith the pending applications. HIMA KOHLI, J SEPTEMBER 21, 2015 rkb