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2012 Supreme(Del) 1317

A.K.PATHAK
Tata Motors Limited – Appellant
Versus
JSC VTB Bank – Respondent


Advocates Appeared:
For the Plaintiff:Rajiv Nayar, Sr. Adv. with Darpan Wadhwa, Ms. Abhiruchi Arora, Akhil Sachar & Ms. Jaishree Shukla, Advocates.
For the Defendant:A.B. Dial, Sr. Adv. with Rajiv Nanda, Advocate.

Judgment :-

A.K. PATHAK, J.

1. By this order, I shall dispose of applications under Order 7 Rules 10 and 11 read with Section 151 CPC filed by the defendant in the above referred three matters, as the same are in similar facts, inasmuch as, question of law involved therein is also same.

2. “Whether Delhi Courts have territorial jurisdiction to entertain and try the suit?” is the question involved in the above matters.

3. Plaintiff has filed above suits under Order 37 of the Code of Civil Procedure, 1908 (“CPC”, for short) for recovery of the amounts mentioned therein, regarding unpaid “Letters of Credit” issued by JSC VTB Bank, Mantaznikov Street 2B, Ekaterinburg, Sverdlovsk Region, Russia 620050 (for short hereinafter referred to as “Russian Bank”).

4. It is alleged that the plaintiff had supplied truck chassis units to a Joint-Stock Company, Cars And engines Of Ural, a body incorporated under the laws of Russia, having its registered office at 1, Avtomotornaya Street, Novouralsk, Sverdlovsk Region, Russia (“CJSC Amur”, for short), pursuant to the three Agreements entered into between them.

5. Clause 3 of the Agreements reads as under:-

“Clause 3 payment conditions:

3.1 Payment































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