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RAJIV SHAKDHER, AMIT BANSAL
Trisquare Switchgears Pvt. Ltd. – Appellant
Versus
Sanyam Kaushik – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM Appl.14586-87/2024
1. Allowed, subject to just exceptions.
FA(COMM) 86/2024 & CM Appl. 14585/2024
2. At the outset, we may note that Mr Surinder Goel, learned counsel, who appears on behalf of the appellant/defendant, has indicated to us that the record filed by him with the appeal would suffice for proceeding further in the appeal. Accordingly, the appeal is taken up for hearing and final disposal at this stage itself.
3. This appeal is directed against the judgment dated 12.01.2024 passed by the learned District Judge, Commercial Court-5, Central District, Tis Hazari, Delhi.
4. Learned District Judge has decreed the suit for Rs.3,48,420/-, along with interest at the rate of 12% per annum, commencing from the date when the last payment was made i.e., 22.04.2022 till the date of realization.
4.1. Besides this, costs have also been awarded to the respondent/plaintiff.
5. The record shows that the respondent/plaintiff had filed a suit for recovery with interest, as a result of the appellant/defendant's failure to pay the entire consideration against the goods supplied.
5.1. The record also shows that the go
The central legal point established in the judgment is that the registered office of a defendant determines the territorial jurisdiction of a court, and a clause in a contract ousting the jurisdictio....
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.
The admission of invoices by a defendant can lead to a summary judgment in favor of the plaintiff under Order 12 Rule 6 CPC, and jurisdiction is determined by the location of the cause of action.
Part of the cause of action for filing the suit had accrued in Delhi due to the business transactions between the parties, establishing territorial jurisdiction in Delhi.
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....
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