IN THE HIGH COURT OF DELHI AT NEW DELHI
GAC LOGISTICS PVT. LTD. – Appellant
Versus
ACER LOGISTICS PVT. LTD – Respondent
JUDGMENT
1. The present appeal has been filed under Section 104 read with Order XLIII Rule 1(a) of the Code of Civil Procedure, 1908(hereinafter „CPC‟) by the appellant, who was the plaintiff before the Trial Court, assailing the order dated 08.08.2024 passed by the learned DJ-04, Tis Hazari Courts, Delhi, whereby the Trial Court returned the plaint under Order VII Rule 10 CPC on the ground of lack of territorial jurisdiction.
2. Briefly stated, the plaintiff, a freight forwarding company and an IATA approved freight forward agent, instituted the present suit seeking recovery of Rs.14,15,144/- alongwith interest against the respondent/defendant company on account of outstanding dues arising from shipment and forwarding services rendered by the plaintiff for consignments booked by the defendant for foreign destination. The suit was originally instituted against the defendant company as well as its directors, however, the directors were subsequently deleted from the array of parties vide order dated 08.12.2020 and the proceedings continued only against defendant. Despite service, the defendant company failed to appear and was accordingly proceeded ex-parte before the Trial Court. It wa
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