SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2008 Supreme(Del) 306

MUKUNDAKAM SHARMA, REVA KHETRAPAL
Vipul Infrasturcture Developers Ltd. – Appellant
Versus
Rohit Kochhar – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Arun Bhardwaj and Valmiki Mehta, Sr. Advs., Manish Sharma, Amit Bhardwaj and Rajeev M. Roy, Advs.
For Respondents/Defendant:P.V. Kapur, Sr. Adv., Anish Kapur and Vimal Nagrath, Advs. for respondent No. 1, Valmiki Mehta, Sr. Adv. and Rajeev M. Roy, Adv. for R-2, Arun Bhardwaj, Sr. Adv., Manish Sharma and Amit Bhardwaj, Advs. for respondents No. 2 and 3

JUDGMENT

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



























































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top