Decided on April 19,2007



Sanjiv Khanna, J. - (1.) The present Appeal has been filed by Golden Peacock Overseas Limited (hereinafter referred to as the appellant, for short') against the Order dated 29th September, 2005 allowing IA No. 7437/2005 filed by M/s.Ranjit Industries and others, (hereinafter referred to as the respondents for short) holding that no cause of action or part thereof had arisen within the territorial jurisdiction of this Court. The plaint was accordingly directed to be returned to be filed before a Court of competent jurisdiction under the provisions of Order VII, Rule 10 of the Code of Civil Procedure, 1908 (hereinafter referred to as the Code, for short).
(2.) The appellant had filed a suit for recovery of Rs. 20,80,568.53 and for injunction against the respondent. It was stated in the plaint that the appellant had been dealing with the respondent for over 15 years and had trained and taught it's engineers to manufacture internationally acceptable products. It was further stated that the respondent had agreed and given an undertaking that they shall not deal with the overseas buyers of the appellant directly and shall not do any business for two years after termination of business between them. It was stated that the respondent had violated/breached their undertaking.
(3.) Learned counsel for the appellant had drawn our attention and relied upon paragraphs 7, 11 and 12 of the plaint. For the sake of convenience, these paragraphs are reproduced below:- "7. That the Plaintiff has learnt in the beginning of the month of October, 2003 that the Defendants have in violation of their Undertaking contained in their letter dated 02 April, 2003 to the Plaintiff dealt and supplied goods to M/s. D.W. Bendler, GMBH & Company, Germany, foreign buyer of the Plaintiff for the last over ten years, the same goods as the Plaintiff had been sourcing from the Defendants, for supplying to the said foreign buyer of the value of Rs. 6,21,841.15p in or about the month of August, 2003 and of the value of Rs. l,79,098.40p in April, 2003. 11. That the cause of action for the present suit accrued to the Plaintiff against the Defendants in the beginning of the month of October, 2003 when the Plaintiff first learnt of the exports affected by the Defendants to the overseas buyer of the Plaintiff in the months of April and September, 2003. No part of the relief claimed in the Plaint is barred by time. 12. That the registered office of the Plaintiff is situated at Delhi. The defendants had given the Undertaking not to deal with the foreign buyers of the Plaintiff at Delhi and had agreed to the jurisdiction of the. Courts at Delhi in the matter of any such claims by the Plaintiff against the Defendants, and this Hon'ble Court has territorial jurisdiction over the subject matter of the Suit.";

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