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REKHA PALLI
Rt Construction – Appellant
Versus
Kotec Automotive Services India Pvt. Ltd. – Respondent
JUDGMENT
Rekha Palli, J. (Oral)
I.A. 19709/2022-O-7, R-11 (D-1)
1. This is an application filed by the defendant no.1 under Order VII Rule 11 of the Code of Civil Procedure (CPC) seeking rejection of the plaint on the ground that this Court lacks territorial jurisdiction.
2. A brief factual matrix of the present suit, as may be necessary for the adjudication of the application may be noted at the outset.
3. The plaintiff claims to be in the business of construction, supply of man power, trading of materials and hiring of equipments etc, having its corporate office at UGF-67, World Trade Center, Babur Road, New Delhi. Based on the work order issued by defendant no.2 on 15.06.2018, the plaintiff supplied man power to defendants for construction work at the head office of Hyundai Motors India, Gurugram, Haryana.
4. It is the plaintiff's case that despite availing the services of man power supplied by it, the defendant no.2 failed to make payments and even the cheques issued by defendant no.2 towards part of the said payment were dishonoured. However, as despite the plaintiff's repeated requests, no payments were made by the defendants and consequently on 03.10.2019, the parties had
The main legal point established in the judgment is that the court must consider the entire plaint averments before rejecting a plaint under Order VII Rule 11 of CPC, and specific averments made in t....
Point of Law : Recover of amount - Jurisdiction - Section 20 clearly provides that a court within whose local limits the cause of action, “wholly or in part”, arises, would have territorial jurisdict....
The jurisdiction of courts in civil matters is determined by the location of payments made, as established under Section 20 of the CPC.
Acknowledgment of liability must be in writing to reset limitation under the Limitation Act; jurisdiction depends on where the cause of action arises, not merely the location of the registered office....
The main legal point established in the judgment is the application of territorial jurisdiction under section 20 of the CPC, emphasizing the significance of the location of the contract's making and ....
The court emphasized the importance of written statements and denial of allegations in determining the acceptance of contentions at an early stage of the case.
The validity of the jurisdiction clause in an agreement and the determination of cause of action based on the place of goods supply and payment location.
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