MOOL CHAND GARG, J.

1. This appeal arises out of an order passed by the learned ADJ on 15.07.2010 whereby the learned ADJ has allowed an application filed by respondent under Order VII Rule 10 CPC and has directed return of the plaint with a further direction to present the same in the Court of competent jurisdiction i.e. Faridabad within 4 weeks.

2. In their aforesaid application it was submitted on behalf of the respondent that in view of the exclusionary provision in the purchase order on the basis of which the appellant had supplied the goods to the respondent, Delhi Court could not have entertained the suit filed by the appellant. It was only Faridabad Court which could have decided the lis between the parties and, therefore, the suit could have been filed by the appellant only at Faridabad.

3. In this case, the respondent entered into an agreement with the appellant for purchase of goods worth `14,47,140.59/-. The goods were supplied on the basis of purchase order placed by the respondent upon the appellant which contains a clause that disputes will be subject to jurisdiction of Faridabad courts only. Out of the aforesaid amount respondent made payment of `10,71,374/-