CS(COMM) 75/2021

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$~21

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CS(COMM) 75/2021

R X INFOTECH PRIVATE LIMITED

..... Plaintiff

Through:

Mr. Sumit Nagpal, Ms. Dolly

Luthra and Ms. Aastha Sood, Advs.

versus

JALPA RAJESH KUMAR JAIN

..... Defendant

Through:

Ms. Kangan Roda and Mr.

Sharad Besoya, Advs.

CORAM:

HON'BLE MR. JUSTICE C. HARI SHANKAR

JUDGMENT

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29.08.2023

I.A. 4953/2023 (Order VII Rule 11 of the CPC)

1.

This is an application, by the defendant, under Order VII Rule

11 of the Code of Civil Procedure, 1908 (CPC) for rejection of the

plaint on the ground of want of territorial jurisdiction.

2.

Though a finding of want of territorial jurisdiction would

ordinarily carry one to Order VII Rule 10 of the CPC rather than

Order VII Rule 11 of the CPC, Ms. Kangan Roda has drawn my

attention to a judgment of the Division Bench of this Court in Radico

Khaitan Ltd. v. Nakshatra Distilleries & Breweries Ltd¹which

upholds the decision of a learned Single Judge to reject a plaint under

Order VII Rule 11 of the CPC on the ground of want of territorial

jurisdiction