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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Sundar, N.Senthilkumar
Bharat Engineering Construction Company (P) Ltd. – Appellant
Versus
Kirloskar Brothers Limited – Respondent
JUDGMENT :
M. Sundar, J.
In the captioned 'Original Side Appeal' (hereinafter 'OSA' for the sake of brevity), sole appellant is 'Bharat Engineering Construction Company (P) Ltd.,' (hereinafter 'BECCPL' for the sake convenience and clarity) and the lone respondent is 'Kirloskar Brothers Limited' (hereinafter 'KBL' for the sake of brevity). To be noted, before the Hon'ble Commercial Division, BECCPL was sole plaintiff and KBL was lone defendant.
2. Captioned OSA has been presented in this CAD on 09.09.2021 assailing an order dated 11.08.2021 wherein and whereby Commercial Division has in effect held that BECCPL should have filed the main suit viz., C.S.No.567 of 2019 only in jurisdictional Court in Pune, State of Maharashtra. This '11.08.2021 order of the Hon'ble Commercial Division' which is under challenge in the captioned OSA shall hereinafter be referred to as 'impugned order' for the sake of convenience and clarity.
3. In the hearing today, Mr.G.Surya Narayanan, learned counsel for appellant (BECCPL) and Mr.Shivakumar of M/s.Sihvakumar and Suresh (Law Firm) for lone respondent (KBL) are before us i.e., before this CAD. Both the learned counsel submit in unison in one voice that the
A court lacking jurisdiction must return the plaint for presentation to the proper court rather than reject it, following established legal principles.
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....
Jurisdiction clauses in contracts do not oust local courts if business activities affecting local parties are involved, and a plaint cannot be dismissed solely against some defendants if others remai....
The valuation of a suit is determined by the nature of the relief claimed, not solely by the market value of the property involved.
The Courts at Patiala did not have jurisdiction to entertain the suit of the respondent as the suit property/res is situated in Gurugram. The agreement in question is a forged and fabricated document....
(1) Rejection of plaint – No plaintiff can be permitted to seek relief in a suit which would frustrate defendants from initiating a prosecution against plaintiff or seeking any other remedy available....
Jurisdiction in contract disputes depends on where significant acts occurred, not solely on contractual jurisdiction clauses.
Civil Law – Decree - A decree is preliminary when further proceedings have to be taken before suit can be completely disposed of. It is final when such adjudication completely disposes of suit - It m....
The main legal point established in the judgment is that the issue of territorial jurisdiction can be tried as a preliminary issue under Order XIV Rule 2 of the Civil Procedure Code.
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