M/S J.C Construction vs M/S National Building ...
2015 Latest Caselaw 2323 Del

$~31.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     CS(OS) 718/2015
      M/S J.C CONSTRUCTION                      ..... Plaintiff
                     Through: Mr. P.N. Sharma, Advocate with
                     Mr. S.N. Gautam, Advocate

                         versus


      M/S NATIONAL BUILDING CONSTRUCTIONS CORPORATION LTD
      & ANR                                 ..... Defendants
                     Through: None

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI

                         ORDER

% 18.03.2015

I.A. 5537/2015 (exemption)

Subject to the plaintiff filing the original/certified copies of the

documents annexed with the plaint within four weeks, the application

is allowed and disposed of.

CS(OS) 718/2015

1. Having perused the averments made in the plaint, this Court is

of the opinion that it is not vested with the territorial jurisdiction to try

and entertain the present suit in view of the fact that the contract,

subject matter of the present suit, was executed between the plaintiff

and the defendant No.2 in respect of a project situated in Gurgaon and

as per the memo of parties, the office of the defendant No.2 is in

Gurgaon, Haryana.

2. Counsel for the plaintiff requests that the plaint may be returned

to him for being presented before the appropriate Court vested with

the territorial jurisdiction in that regard.

3. Leave, as prayed for, is granted. The Registry is directed to

return the plaint to the counsel for the plaintiff to enable him to

present it before the appropriate Court vested with the territorial

jurisdiction to entertain the same.

HIMA KOHLI, J MARCH 18, 2015 rkb