V.S.KOKJE, M.L.TIWARI
CHAMBAL FERTILIZERS & CHEMICALS LTD. – Appellant
Versus
PURUSHOTTAMDAS AGRAWAL – Respondent
Mr. M.L. Tiwari, Member—The appellant being aggrieved by the order passed by District Forum, Shivpuri on 30.6.93 in Case No. 33/93 this appeal is preferred.
2. We have very carefully gone through the record of the District Forum. The respondent complainant is resident of Shivpuri. He purchased 10,000 shares as promoter share from the appellant and alleged to have remitted Rs. One lac through bank draft No. 342553 dated 19.9.92 drawn from Syndicate Bank, Gwalior and payable to Syndicate Bank, New Delhi.
3. To our mind the defence raised before the District Forum was no jurisdiction, has not been considered by District Forum Shivpuri. The appellant had challenged the territorial jurisdiction. The allegations are in written reply. In para the respondent raised the defence that—
“The respondent is a limited company and neither the registered office of the respondent is located nor the respondent carries on any business within the local limits of the jurisdiction of this Hon’ble Court. Also no cause of action if any or part thereof has accrued to the petitioner against the respondent within the local limits of this Hon’ble Court. The complaint is also totally silent as to how the terr
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