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$-18 HIGH COURT OF DELHI
CS(OS) 1187/2015
AMCC INDIA LIMITED Plaintiff fhi'ough Mr. Peeush Sharma, Mr. Shaurya M.
Tomarand Mr. Kartikay Nayyar, Advocates
CS(OS) 1187/2015
AMCC INDIA LIMITED Plaintiff fhi'ough Mr. Peeush Sharma, Mr. Shaurya M.
Tomarand Mr. Kartikay Nayyar, Advocates
VERSUS
O VARDHMANPHARMA&ANR Defendants
Through Mr. Nikhilesh Kumar, Advocate
Through Mr. Nikhilesh Kumar, Advocate
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
18.10.2016
18.10.2016
IA.981/2016(under Order XXXVH CPCI
Plaintiff has filed the present suit under the provisions ofOrder XXXVII ofthe Code ofCivil Procedure. The suit is based on invoices. The defendants have filed the present application seeking unconditional leave to defend. Leave
^ is sought on various grounds, including the ground that this Court does not have teiTitorial jurisdiction to try and entertain this matter. Learned counsel for the applicants submits that no cause of action has arisen within the territorial jurisdiction of this Court. All the transactions were dealt by the defendant with the plaintiff at Mumbai and orders were placed at the branch office of the plaintiff at Mumbai. Goods were supplied from the factory of the plaintiff which is situated at Alwar, Rajasthan to the defendants at Mumbai. Counsel submits that as per the plaint, telephonic orders were placed by the defendants to the plaintiff at the branch office.
Be that as it may, after some hearing in the matter, the application is allowed. The plaint of the plaintiff is returned to the plaintiff to enable him to y'
2016:DHC:9352 file m the competent court ofjurisdiction. The plaintiffshall file the plaint
Within four weeks ofreturn ofthe plaint.
The application stands disposed of. i pst
Plaintiff has filed the present suit under the provisions ofOrder XXXVII ofthe Code ofCivil Procedure. The suit is based on invoices. The defendants have filed the present application seeking unconditional leave to defend. Leave
^ is sought on various grounds, including the ground that this Court does not have teiTitorial jurisdiction to try and entertain this matter. Learned counsel for the applicants submits that no cause of action has arisen within the territorial jurisdiction of this Court. All the transactions were dealt by the defendant with the plaintiff at Mumbai and orders were placed at the branch office of the plaintiff at Mumbai. Goods were supplied from the factory of the plaintiff which is situated at Alwar, Rajasthan to the defendants at Mumbai. Counsel submits that as per the plaint, telephonic orders were placed by the defendants to the plaintiff at the branch office.
Be that as it may, after some hearing in the matter, the application is allowed. The plaint of the plaintiff is returned to the plaintiff to enable him to y'
2016:DHC:9352 file m the competent court ofjurisdiction. The plaintiffshall file the plaint
Within four weeks ofreturn ofthe plaint.
The application stands disposed of. i pst
CS(OS) 1187/2015 OCTOBER 18, 2016 G.S.SISTANI, 2016:DHC:9352
JUDGMENT