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2024 Supreme(Del) 486

ANUP JAIRAM BHAMBHANI
Unissi India Pvt Ltd – Appellant
Versus
Highway Construction Co – Respondent


Advocates appeared:
Mr. Vikas Tomar and Mr. Nimish Mishra, Advocates, for the Plaintiff; Mr. Vishesh Kalra and Mr. Sourabh Tandon, Advocates, for the Defendants

JUDGMENT

I.A. 16022/2022

Anup Jairam Bhambhani, J. - By way of the present application filed under Order VII Rule 10 read with section 151 of the Code of Civil Procedure 1908 ('CPC'), defendants Nos.1, 2 and 3 seek return of the plaint, premised on the submission that this court has no territorial jurisdiction to entertain or decide the present suit since the cause of action has arisen entirely within the territorial jurisdiction of the courts of law at Mumbai, Maharashtra.

2. By way of the suit, the plaintiff company/M/s. UNISSI India Pvt. Ltd. with its corporate office in Sultanpur, New Delhi, seeks recovery of Rs. 4,25,97,132.84 from the defendants, alongwith return of the additional material allegedly lying at a certain site, or in the alternative, for payment of the cost of such material which is assessed at Rs.16,13,530/-.

3. The plaintiff also seeks pendent-lite and future interest alongwith costs, as detailed in the plaint.

4. The brief factual matrix as narrated in the plaint, that is relevant for purposes of the present application, is as follows :

4.1. The plaintiff company is in the business of supplying various types of medical equipment to its clients. Defendant No.1/M/s. H

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