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2019 Supreme(Del) 2575

YOGESH KHANNA
MASYC PROJECTS PVT. LTD. – Appellant
Versus
NILACHAL IRON AND POWER LTD – Respondent


Advocates Appeared:
Tarun Sharma, Adv., Akanksha Kapoor, Adv., Pradeep Singh, Adv., Gaurav Kejriwal, Adv., Gurpreet Hora, Adv.

JUDGMENT

Yogesh Khanna, J.

This appeal is preferred by the appellant against the judgment and decree dated 19.12.2017 passed by the learned Additional District Judge06/West District, Rohini Courts, Delhi (hereinafter referred as the learned 'Trial Court') in CS No.11280/2016 whereby the suit filed by appellant for recovery of Rs.20,37,506/- was dismissed, primarily, on grounds of territorial jurisdiction.

2. The brief facts which led to the filing of the suit, as are noted in impugned judgment are as under:-

    "1. xxxxxxxxx the plaintiff company is engaged in manufacture of material handling equipments like belt, conveyors, conveying and systems etc. The defendant placed a purchase order bearing no. NIPL/47/2003-2004 dated 02.07.2003 on the plaintiff for system design, detail design, manufacture and supply complete material handling system for a 350 TFD sponge iron plants to be located at Kandra near Jamshedpur in Jharkhand at the price of Rs.1,37,33,000/-. It is contented that vide letter dated 25.08.2003, plaintiff conveyed to the defendant of change in the length in the conveyor as advised by the defendants consultant TGS (Tata Group). Therefore, the purchase order was increase to Rs.

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