JUDGMENT

Manmohan, J.:

C.M.No.8142/2023

Exemption allowed, subject to all just exceptions.

Accordingly, the application stands disposed of.

FAO (COMM) 43/2023

1. Present appeal has been filed challenging the order dated 17th December, 2022 passed by the learned District Judge (Commercial Court)04, Shahdara, KKD, Delhi in the Commercial Suit being CS (COMM) No.506/2021, whereby the application of the Appellant under Order VII Rule(s) 10 and 11 CPC has been dismissed.

2. Learned counsel for the Appellant states that the Trial Court lacks the territorial jurisdiction to entertain the suit as the Appellant/Defendant No.1 does not have any business within the territorial jurisdiction of this Court and no cause of action has arisen in favour of the Respondent/Plaintiff No.1 within the territorial jurisdiction of this Court. He states that the Trial Court has failed to appreciate that neither the Respondent/Plaintiff No.1 nor the Appellant/defendant No.1 have their head office in New Delhi and that both the Respondent/Plaintiff No.1 and Appellant/Defendant No.1 have their offices in Kanpur as they are running and operating their businesses from Kanpur.

3. Learned counsel for the Appellant s