Sharma Kalypso Private Limited vs Goan Hotels And Clubs Pvt Limited
2015 Latest Caselaw 5873 Del

$~8.
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 1202/2013
       M/S SHARMA KALYPSO PRIVATE LIMITED       ..... Plaintiff
                     Through: Mr. Subhasish Mohanty, Advocate

                         versus

       GOAN HOTELS & CLUBS PVT LIMITED           ..... Defendant
                     Through: Mr. Karan Luthra, Advocate with
                     Mr. Aanshkar Singhvi, Advocate

       CORAM:
       HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 12.08.2015

I.A. 1510/2014 (by the defendant u/O XXXVII R 3(4) CPC for leave to defend)

1. The present leave to defend application has been filed by the

defendant to contest the summary suit instituted by the plaintiff for

recovery of a sum of Rs.34,94,569/-.

2. Counsel for the defendant states that he has raised several

objections with regard to maintainability of the suit on the ground that

the plaintiff does not have the locus standi to institute the suit; that

this Court is not vested with the territorial jurisdiction to try and

entertain the present suit; that the present suit as filed by the plaintiff

is not maintainable as a summary suit; that the suit is bad for

misjoinder of independent causes of action etc.

3. Counsel for the defendant presses the first objection with regard

to this Court not being vested with the territorial jurisdiction to try and

entertain the suit instituted by the plaintiff on the ground that the

registered office of the defendant is at Mumbai and all the 14 work

orders were issued by the defendant from its site office at Goa, where

the plaintiff had undertaken the construction of a five star hotel

project and that the bills were prepared by the defendant at their site

office at Goa and were sent to the plaintiff etc.

4. Counsel for the plaintiff states that in view of the objections

raised by the defendant with regard to the lack of territorial

jurisdiction in the Courts at Delhi to try and entertain the suit, the

plaint may be returned to him for being presented before the

competent court vested with the territorial jurisdiction. He submits

that the plaintiff proposes to present the plaint before the District

Court at Goa and a date be fixed for the parties to appear before the

said Court so that the proceedings can commence from the point at

which they are at present.

5. Counsel for the defendant states that he is agreeable to the

aforesaid suggestion.

6. Accordingly, the plaint shall be returned to the plaintiff through

counsel for being presented before the District Court at Goa. The

parties shall appear before the District Judge, Goa on 28 th September,

2015.

7. Counsels for the parties are agreeable that the pleadings in the

leave to defend application having been completed, they shall address

arguments on the said application before the competent court. The

parties shall be entitled to take all the pleas, both in law and on facts

to argue the leave to defend application.

8. The suit is disposed of alongwith the pending application.

HIMA KOHLI, J AUGUST 12, 2015 rkb/ap