JUDGMENT

I.A. 4953/2023 (Order VII Rule 11 of the CPC)

1. This is an application, by the defendant, under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) for rejection of the plaint on the ground of want of territorial jurisdiction.

2. Though a finding of want of territorial jurisdiction would ordinarily carry one to Order VII Rule 10 of the CPC rather than Order VII Rule 11 of the CPC, Ms. Kangan Roda has drawn my attention to a judgment of the Division Bench of this Court in Radico Khaitan Ltd. v. Nakshatra Distilleries & Breweries Ltd., (2017) 241 DLT 48 which upholds the decision of a learned Single Judge to reject a plaint under Order VII Rule 11 of the CPC on the ground of want of territorial jurisdiction.

3. Without, therefore, entering into the distinction between Order VII Rule 10 of the CPC and Order VII Rule 11 of the CPC, I have proceeded to hear learned Counsel on the core issue as to whether this Court can be said to be lacking in territorial jurisdiction to adjudicate the plaint. Ms. Roda initially drew my attention to para 46 of the plaint, which deals with the jurisdiction of this Court to entertain the plaint which reads thus:

"46. That this Hon'ble