M.R. Shah, J.

1. As common question of law and facts arise in the present First Appeal and the Appeal From Order and as such are interconnected, both these First Appeal and Appeal From Order are decided and disposed of by this common judgment and order.

2. Feeling aggrieved and dissatisfied with the impugned order dated 05.12.2016 passed by the learned Judge, Commercial Court, Vadodara (hereinafter referred to as "Commercial Court, Vadodara") below Exh. 1 in Commercial Civil Suit No. 288/2016, by which the Commercial Court, Vadodara has dismissed the said suit on the finding recorded by the Commercial Court, Vadodara while disposing of the application Exh. 5 that the Commercial Court, Vadodara has no territorial jurisdiction, the original plaintiff has preferred the present First Appeal No. 2897/2016.

2.1 Feeling aggrieved and dissatisfied with the impugned order dated 05.12.2016 passed below Exh. 5 in Commercial Civil Suit No. 288/2016, by which the Commercial Court, Vadodara has dismissed the said application Exh. 5 solely and mainly on the ground that the Commercial Court, Vadodara has no territorial jurisdiction, the original plaintiff has preferred the present Appeal From