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2026 Supreme(Online)(Del) 7097

IN THE HIGH COURT OF DELHI AT NEW DELHI
RAKESH NAYAR – Appellant
Versus
M/S ABW-SUNCITY – Respondent


JUDGMENT

1. The present appeal is directed against the order dated 12.02.2020 passed by the Trial Court whereby the application preferred by the respondents raising an objection as to territorial jurisdiction and seeking return of the plaint came to be allowed.

2. Briefly stated, the appellants/plaintiffs instituted the suit before this Court being CS(OS) 2022/2015 seeking declaration and consequential reliefs in relation to apartment bearing No. C-1401, Tower-C, in the project “La Lagune”, situated at Gurgaon, Haryana, admeasuring approximately 3160 sq. ft. (hereinafter referred to as the ‘suit property’). The said suit thereafter came to be transferred to the District Court consequent upon enhancement of pecuniary jurisdiction in terms of the Delhi High Court (Amendment) Act, 2015 vide order dated 15.02.2016 passed by this Court.

As per the case set up in the plaint and reiterated in the present appeal, the appellants have claimed jurisdiction of Courts at Delhi by contending that suit property was booked with Respondent No.1/developer for a total sale consideration of approximately Rs.2,06,54,280/- and the transaction in question was negotiated through the office of Respondent N

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