Sas Arcadia Floors Allotees ... vs Sumel Heights Pvt Td & Anr
2015 Latest Caselaw 559 Del

*          IN THE HIGH COURT OF DELHI AT NEW DELHI

+      CS(OS) 2007/2013 & IAs No.4513/2014 and 16742/2013

                                      Date of Decision: 20th January, 2015

IN THE MATTER OF
SAS ARCADIA FLOORS ALLOTEES WELFARE ASSOCIATION ..... Plaintiff
                   Through : Mr. Abhishek Malhotra, Advocate


                         versus

SUMEL HEIGHTS PVT TD & ANR               ..... Defendants
                   Through : Mr. Vivek Kohli, Adv. for D-1.
                   Mr. D.S. Chauhan, Adv. for D-2.

CORAM
HON'BLE MS.JUSTICE HIMA KOHLI

HIMA KOHLI, J. (Oral)

I.A.No.21030/2013 (by D-2 u/O VII R-11 CPC)

1. The present application has been field by the defendant No.2 stating

inter alia that the suit instituted by the plaintiff is liable to be rejected as

this Court is not vested with the territorial jurisdiction to entertain the

same in the light of the reliefs prayed for.

2. Counsel for the defendant No.2 states that in addition to the

aforesaid ground taken in the application filed by him for rejection of the

plaint, the second ground is that the suit qua the defendant No.2 is

devoid of any cause of action.

3. Counsel for the defendant No.1 states that the additional plea taken

by him for seeking rejection of the plaint is that there is an arbitration

clause governing the parties and the plaintiff ought to have approached

the learned Arbitrator for appropriate relief.

4. Counsel for the plaintiff disputes the submission made by the

counsels for the defendant No.2 and asserts that the defendant No.2 is a

necessary and proper party in the present proceedings. However, he

does not deny the existence of an arbitration clause governing the

plaintiff and the defendant No.1, but states that the said aspect may be

left open and the plaint be returned for being presented before the court

vested with the territorial jurisdiction to entertain it.

5. Accordingly, the present suit is disposed of, along with the pending

applications. The Registry is directed to return the plaint to the plaintiff

through counsel for being presented before the District Court at Gurgaon,

Haryana where the land is situated and the project in question is to be

undertaken. As all the parties are present before the Court, it is deemed

appropriate to direct them to appear before the learned District Judge at

Gurgaon, Haryana on 20th February, 2015 for further proceedings. In

view of the aforesaid order, fresh service of the summons in the suit for

the appearance of the defendants before the District Court, Gurgaon is

dispensed with.

6. Needless to state that both the parties shall be at liberty to take all

the pleas as may be available to them on facts and in law before the

appropriate court vested with the territorial jurisdiction to entertain the

present suit.

(HIMA KOHLI) JUDGE JANUARY 20, 2015 sk/mk