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2022 Supreme(Del) 1730

AMIT BANSAL
Arora Tools Pvt Ltd – Appellant
Versus
Vardex Toolings Private Limited – Respondent


Advocates appeared:
Mr. Mohit Chaudhary with Mr. Kunal Sachdeva and Mr. Parkhar Mithal, Advocates., for the Plaintiff; Mr. Shubham Kulshrestha with Mr.Pinak Bhagwat and Mr. Farhad Dalal, Advocates., for the Defendants; Mr. Aman Varma, Advocate., for the Defendants No. 3 to 5

JUDGMENT

Amit Bansal, J. - I.A. 25/2022(Of Defendant No.1 U/O-VII R-10 & 11(a)&(d) of CPC) & I.A. 26/2022(of defendant no.2 u/O-VII R-10 & 11(a)&(d) of CPC)

1. These applications seek return/rejection of the plaint on the grounds that (i) this Court lacks territorial jurisdiction to entertain the present suit; and, (ii) no cause of action has been made out against the defendants in the plaint.

2. Notices in these applications were issued on 12th April, 2022. Despite opportunity being granted by the Court, no reply has been filed on behalf of the plaintiff.

3. The present suit was filed as a commercial suit against the defendants seeking, inter alia, reconciliation of accounts and damages on account of loss caused to the plaintiff. In the plaint, it has been pleaded by the plaintiff that the plaintiff was appointed as a distributor for the National Capital Region (NCR) by the defendants no.1 and 2 in respect of their products in the year 2006. The plaintiff used to issue purchase orders on the defendant no.1 and in turn, the defendant no.1 supplied goods to the plaintiff for onward sale.

4. Defendant no.1 is an Indian subsidiary of a company based in Israel. Defendant no.2 operates i

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