Back
ARIF S. DOCTOR
PVR Ltd. , Through its Authorised Signatory Mr. Mahesh R. Dalvi – Appellant
Versus
Proetus Ventures LLP – Respondent
JUDGMENT :
1. The present order will dispose of the following:-
(ii) Interim Application No.123 of 2023 taken out by Defendant No.1 under the provisions of Order VII Rule 11 of the Code of Civil Procedure, 1908 (“CPC”) for rejecting the Plaint on the ground of jurisdiction.
(iii) Interim Application No.131 of 2023 taken out by Defendant Nos. 2 and 3 under the provisions of Order-I Rule 10(2) of the CPC. seeking deletion of their names from the array of Defendants.
BRIEF FACTS:
2. Before dealing with the rival contentions, it is useful to set out the following facts as stated in the Plaint:-
(ii) Defendant No.1 had between December 2019 and February 2020 placed various purc
The main legal point established in the judgment is that the jurisdiction clause in the invoices cannot be invoked without a prior dispute, and the LLP Act provisions make the LLP solely liable for i....
The suit under Order XXXVII of CPC is maintainable when based on written contracts (Invoices) and not on the Ledger Account. Territorial jurisdiction can be established based on the location of the H....
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 jurisdiction of courts in civil matters is determined by the location of payments made, as established under Section 20 of the CPC.
Acknowledgment of liability must be in writing to reset limitation under the Limitation Act; jurisdiction depends on where the cause of action arises, not merely the location of the registered office....
The main legal point established is that the defendant's failure to specifically address each allegation of fact and provide a specific denial led to the presumption that the unaddressed facts were a....
The main legal point established in the judgment is that the court must consider the entire plaint averments before rejecting a plaint under Order VII Rule 11 of CPC, and specific averments made in t....
The court emphasized the importance of written statements and denial of allegations in determining the acceptance of contentions at an early stage of the case.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
