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DELHI HIGH COURT
YOGESH KHANNA
Bela Goyal Proprietor of Ispat Sangrah (India) – Appellant
Versus
VIIPL - MIPL JV (Jaipur) – Respondent
JUDGMENT
Yogesh Khanna, J.
I.A. Nos. 1790-91/2020 & 12937/2021
1. Application being I.A. No.12937/2021 is filed by defendant No.1 under Section 151 CPC seeking urgent directions in this matter is taken up with other two applications.
2. The learned senior counsel for the defendants no.1 to 3 argues this Court has no territorial jurisdiction to entertain this Suit and the Suit is, even otherwise, barred by limitation. It is submitted by the learned senior counsel for the defendants the entire cause of action arose at Jaipur; the goods were supplied at Jaipur; payments were to be made at Jaipur and the invoices raised by the plaintiff also notes the jurisdiction to be of Jaipur.
3. Further, it is alleged the entire supplies of iron was made between the year 2014-2015 and the last of such invoices was of dated 30.03.2015 and the present Suit has been filed on 31.10.2018 i.e., much after the limitation had expired and hence, the suit is liable to be dismissed.
4. It is also submitted, this Court vide an order dated 02.11.2018 had attached an amount of Rs.2.70 crores viz. the amount receivable by defendant No.1 from defendant No.4 pursuant to an award of Rs.12.00 crores passed in
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 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 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 court ruled it lacked jurisdiction over the case and returned the plaint for re-filing in the appropriate venue.
The jurisdiction of courts in civil matters is determined by the location of payments made, as established under Section 20 of the CPC.
When such amendment was brought in 2015 and inserted section 142(2) of the NI Act, the very contention of the petitioner that the Bijapur Court is not having jurisdiction to try the complaint filed f....
The main legal point established in the judgment is that the jurisdiction clause in the invoices cannot be invoked without a prior dispute, and the LLP Act provisions make the LLP solely liable for i....
In complaints under S.138 of the Negotiable Instruments Act, territorial jurisdiction is determined by where the cheque was drawn and presented, not merely by where notices were sent.
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