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2022 Supreme(Del) 317

YOGESH KHANNA
Bela Goyal Proprietor of Ispat Sangrah (India) – Appellant
Versus
VIIPL - MIPL JV (Jaipur) – Respondent


Advocates Appeared:
Mr. Rajiv Bajaj and Mr. Karan Prakash, Advocates, for the Appellant; Ms.Geeta Luthra, Sr. Advocate with Mr. Aadarsh Kothrari and Mr. Jatin, Advocates for D1. Mr. Rajive R. Raj, Advocate for Intervener/IDBI Bank Limited, for the Respondent.

ORDER

Yogesh Khanna, J. - I.A. Nos. 1790-91/2020 & 12937/2021

1. Application being I.A. No.12937/2021 is filed by defendant No.1 under Section 151 CPC seeking urgent directions in this matter is taken up with other two applications.

2. The learned senior counsel for the defendants no.1 to 3 argues this Court has no territorial jurisdiction to entertain this Suit and the Suit is, even otherwise, barred by limitation. It is submitted by the learned senior counsel for the defendants the entire cause of action arose at Jaipur; the goods were supplied at Jaipur; payments were to be made at Jaipur and the invoices raised by the plaintiff also notes the jurisdiction to be of Jaipur.

3. Further, it is alleged the entire supplies of iron was made between the year 2014-2015 and the last of such invoices was of dated 30.03.2015 and the present Suit has been filed on 31.10.2018 i.e., much after the limitation had expired and hence, the suit is liable to be dismissed.

4. It is also submitted, this Court vide an order dated 02.11.2018 had attached an amount of Rs.2.70 crores viz. the amount receivable by defendant No. 1 from defendant No.4 pursuant to an award of Rs. 12.00 crores passed in favour of

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