Hima Kohli, J.-The present application is preferred by the defendant under Order 7 Rule 11 of the Code of Civil Procedure (for short CPC) stating inter alia that the plaint of the plaintiff may be returned for being presented to the appropriate Court as this Court does not have the territorial jurisdiction to try and entertain the suit instituted by the plaintiff.

2. Briefly stated, the facts of the case are that the plaintiff has instituted a suit against the defendant for restraining the defendant from issuing threats of legal proceedings to the plaintiff in terms of their legal notice dated 3rd April, 2006, as also for a declaration that the threats extended by the defendant to plaintiff are unjustified and the plaintiff is not infringing the legal rights of the defendant as alleged in its notice. Apart from the above, the plaintiff has also claimed damages to the tune of Rs. 20 lacs from the defendant for extending unjustifiable threats to it.

3. Notice was issued on the suit on 24th May, 2006. Appearance was entered on behalf of the defendant on 11 th October, 2006 and time sought to file the written statement. The written statement was filed by the defendant on 22nd O