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HIGH COURT OF DELHI
C.R.P.33/2009
SHUSHRIJ I HERBALS AND ORS. Petitioners
Through: Mr. Shailendra Babbar. Advocate.
C.R.P.33/2009
SHUSHRIJ I HERBALS AND ORS. Petitioners
Through: Mr. Shailendra Babbar. Advocate.
VERSUS
PEN IMPEX Respondent
Through: Mr. Kunal Rawat. Advocate.
Through: Mr. Kunal Rawat. Advocate.
CORAM:
HON'BLE MR. JUSTICE P.K. BHASIN O R D E R 06.09.2011 loda) counsel tor both the sides have agreed for the passing of a consent order to the effect that the impugned order, whereby the trial Court has decided the issue of territorial jurisdiction asa preliminary issue and has come to the conclusion that the Delhi
Courts have the jurisdiction to entertain the suit filed by the respondent - plaintiff, can be set aside and a direction to the trial Court can be given to decide this issue with the other issues on merits of case, which also stand framed, after giving opportunity to the parties to adduce evidence in support of their respective contentions on thiscontroversy also.
•fhis rc\ision petition is accordingly disposed of by setting aside the impugned order and the matter is remanded hack to the trial Court with a direction to it to decide the issue ol'territorial jurisdiction along with other issues on the merits ol the case after giving opportunity to both the parties for adducing evidence. It is also made clear that the issue of territorial jurisdiction, as and when the same is decided afresh, the trial Court shall decide the same without considering the observation made in the impugned order.
1he parties shall appear before the trial Court now on 23'^'' September. 2011 at
2.00 p.m. for recei\ ing appropriate directions in the matter.
P.K. BHASI SEPTEMBER 06, 20n/nk 2011:DHC:9177
Courts have the jurisdiction to entertain the suit filed by the respondent - plaintiff, can be set aside and a direction to the trial Court can be given to decide this issue with the other issues on merits of case, which also stand framed, after giving opportunity to the parties to adduce evidence in support of their respective contentions on thiscontroversy also.
•fhis rc\ision petition is accordingly disposed of by setting aside the impugned order and the matter is remanded hack to the trial Court with a direction to it to decide the issue ol'territorial jurisdiction along with other issues on the merits ol the case after giving opportunity to both the parties for adducing evidence. It is also made clear that the issue of territorial jurisdiction, as and when the same is decided afresh, the trial Court shall decide the same without considering the observation made in the impugned order.
1he parties shall appear before the trial Court now on 23'^'' September. 2011 at
2.00 p.m. for recei\ ing appropriate directions in the matter.
P.K. BHASI SEPTEMBER 06, 20n/nk 2011:DHC:9177
JUDGMENT