MUKUNDAKAM SHARMA, REVA KHETRAPAL
Vipul Infrasturcture Developers Ltd. – Appellant
Versus
Rohit Kochhar – Respondent
Mukundakam Sharma, C.J.
1. These appeals which involve similar issues are disposed of by this common judgment and order.
2. The issue that arise for consideration in these appeals is as to whether or not the Delhi Court would have jurisdiction to entertain the suit instituted by the respondent. In paragraph 46 of the plaint it was stated thus:
46. That the Corporate office of Defendants No. 1 & 2 and the Registered office of Defendant No. 3 is at Saket, New Delhi and the Defendants carry on business and work for gain at Delhi. The Defendants made the offer to sell the suit premises to the Plaintiff at New Delhi and the Plaintiff accepted the said offer also at New Delhi. The payments were also made by the Plaintiff to Defendant No. 1 at New Delhi. Accordingly, the Agreement was concluded at New Delhi. Further, the Plaintiff is merely seeking the relief of specific performance of the contract dated 16/20.01.2004 for sale concluded between the parties, which relief can be entirely enforced through the personal obedience of the Defendants. thereforee, this Honble Court has the territorial jurisdiction to entertain and try the present suit.
3. The aforesaid suit was based on t
Adcon Electronics Pvt. Ltd. v. Daulat & Anr. AIR 2001 SC 3712
Babu Lal v. Hazari Lal Kishori Lal & Ors. (1982) 3 SCR 94
Begum Sabiha Sultan v. Nawab Mohd. Mansur Ali Khan AIR 2007 SC 1636
Karan Mahendru & Am. v. M/s Vatika Plantations (P) Ltd. 111 (2004) DLT 264: 2004 (74) DRJ 570
Sidharth Chaudhary v. Mahamaya General Finance 80(1999) DLT 460 :1999 (50) DRJ 479
Subodh Kumar Banerjee v. Hiramoni Dasi and Ors. AIR 1955 Cal 267
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