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M. I. ARUN
SEKAR POULTRY FEEDS – Appellant
Versus
ANNAPURNA ORGANICS PVT. LTD. – Respondent
ORDER :
1. Aggrieved by the order dated 16.02.2024 passed on I.A. No. 9 by the LXXXIX Additional City Civil and Sessions Judge, Bengaluru in Commercial O.S. No. 780/2022, the defendant therein has preferred this writ petition.
2. The respondent is the plaintiff and the petitioner is the defendant in Commercial O.S. No. 780/2022. The respondent has filed Commercial O.S. No. 780/2022 on the ground that the petitioner approached the respondent for supply of SOYA DOC to the defendant. That respondent has been supplying the said material on a regular basis. That the petitioner committed default in payment of Rs.9,55,912/-. Hence, Commercial O.S. No. 780/2022 is filed with a prayer to recover the said amount along with interest thereon.
3. The plaint reveals that the address of the petitioner, who is the defendant before the trial Court is at Salem. The address of the respondent, who is the plaintiff is at Bengaluru. The pleadings in the plaint does not reveal where the transaction took place and where the petitioner was required to pay the money to the respondent.
4. As per Section 20 of the Civil Procedure Code, 1908, (CPC) the Courts situated at the place where defendant resides or where
Defendants have the right to file for return of plaint under Order VII Rule 10 of CPC, challenging jurisdiction based on the plaint's content.
Only the plaintiff can file for the return of the plaint under Order VII Rule 10 of the CPC; the defendant may raise jurisdictional issues as a defense but cannot seek return.
At the stage of deciding an application under Order 7 Rule 10 CPC, the Court is only required to go through the contents of the plaint to determine territorial jurisdiction.
The valuation of a suit is determined by the nature of the relief claimed, not solely by the market value of the property involved.
Jurisdiction for trademark infringement suits requires courts to accept plaint allegations as true; future apprehension of infringement can establish justiciability.
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Point of Law : Recover of amount - Jurisdiction - Section 20 clearly provides that a court within whose local limits the cause of action, “wholly or in part”, arises, would have territorial jurisdict....
The court without jurisdiction cannot decide on an application under Order I Rule 10 CPC, 1908.
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