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HIGH COURT OF DELHI
CUBE CONSTRUCTION ENGINEERING LTD – Appellant
Versus
NATIONAL BUILDING CONSTRUCTION COMPANY – Respondent
JUDGMENT :
SUBRAMONIUM PRASAD, J.
1. The present suit is one for recovery of a sum of Rs.8,21,64,607/- along with pendente lite interest of 18% per annum.
2. The facts as stated in the plaint are that the Plaintiff is a company registered under Companies Act, 1956 and is engaged in the business of construction of buildings, roads, bridges, water supply, sewerage and all other civil and engineering construction works. It is stated in the plaint that a Notice Inviting Tender (NIT) was brought out by the Defendant on 16.09.2004 for execution of “Housing Project for Defence Personnel” at Darjipura, Vadodra, Gujarat. The said NIT was for two packages i.e., Package-I and Package-II. It is stated that the Plaintiff had submitted its bid for Package-II which was opened on 04.10.2004. Vide a Letter of Intent (LOI) dated 15.10.2004, the Plaintiff was awarded part of Package-II for construction of dwelling units with ROC framed structure work, including internal electrification, PHE, storm water drainage and rain water harvesting etc. The bid of the Plaintiff was accepted for an amount of Rs.11,16,78,263/. The period for completion of the project was reckoned as 22 months and the date of commenc
A plaintiff who unconditionally withdraws a suit without permission to refile cannot institute a fresh suit on the same subject matter, per Order XXIII Rule 1(4) of CPC.
A court cannot be denied jurisdiction by an agreement between parties if that court is competent to adjudicate the matter based on where the breach occurred and the nature of the contract.
The court emphasized that the proper jurisdiction for a suit arising from a contract is where the contract was executed and the work performed, highlighting the fallacy in dismissing the suit without....
Permission to withdraw a suit with liberty to file a fresh suit requires sufficient grounds or a formal defect; mere change in circumstances does not suffice.
The court clarified that a plaintiff can amend a plaint and add parties after withdrawing a suit, provided the subject matter remains unchanged, even under exclusive jurisdiction clauses.
Withdrawal of a suit with leave to file a fresh one can be granted based on substantial grounds, not limited to formal defects under Order XXI Rule 1(3) of the CPC.
Territorial jurisdiction in civil matters is determined by the location of the cause of action, and a court lacking jurisdiction must return the plaint for presentation to an appropriate court instea....
The right to withdraw a suit is absolute unless restricted by law, and a significant delay in seeking recall of such withdrawal must be justified with a bona fide explanation.
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