M/S Sharma Kalpyso Private ... vs M/S Goan Hotels & Clubs Pvt Limited
2015 Latest Caselaw 7072 Del

$~44
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CS(OS) 1242/2013
       M/S SHARMA KALPYSO PRIVATE LIMITED       ..... Plaintiff
                     Through : Mr. Subhasish Mohanty, Advocate

                         versus

       M/S GOAN HOTELS & CLUBS PVT LIMITED        ..... Defendant
                     Through : Mr. Karan Luthra, Advocate

     CORAM:
     HON'BLE MS. JUSTICE HIMA KOHLI
                   ORDER

% 17.09.2015 IA No.19311/2015 (by the defendant u/O VII R-10 CPC)

1. The present application has been filed by the defendant stating

inter alia that the plaint is liable to be returned on the ground that this

Court is not vested with the territorial jurisdiction to entertain the suit.

2. Counsel for the defendant states that another suit instituted by

the plaintiff against the defendant, registered as

CS(OS)no.1202/2013, has already been returned to it, vide order

dated 12.8.2015, for being presented before the District Court at Goa.

3. Notice. Counsel for the plaintiff accepts notice and states that

he does not oppose the prayer made in the application. He submits

that the present suit may be returned to him for being presented

before the District Court at North Goa and a date may be fixed for the

parties to appear before the said court.

4. In view of the submissions made herein above, the application is

allowed and disposed of. Registry is directed to return the suit to the

plaintiff, through counsel, for being presented before the District Court

at North Goa.

5. The parties shall appear before the District Court at North Goa

on 28.9.2015. Needless to state that the parties shall be entitled to

take all the pleas that may be available to them, both in law and on

facts before the competent court.

6. The suit is disposed of.

7. The date already fixed in the case, i.e., 11.3.2016 stands

cancelled.

HIMA KOHLI, J SEPTEMBER 17, 2015 sk/ap