G. P. Mathur, J. - (1.) Leave granted.
(2.) This appeal is directed against the judgment and order dated 21-12-2001 of the High Court of Delhi by which the appeal preferred by the appellant against the order of rejection of the appellants application under Order VII, Rule 10, CPC passed by the Additional District Judge, Delhi on 28-3-1998 was dismissed.
(3.) The appellant Hanil Era Textiles Limited, New Era House, Mogul Lane, Matunga (West), Bombay placed a purchase order bearing No. CA/32/95 dated 31-5-1995 with M/s. Puromatic Filters Pvt. Ltd. 25/100, Yashwant Nagar, Goregaon (W), Bombay for supply of 136 numbers Coarse Filters and 136 numbers Fine Filters. The purchase order was in following terms : "Dear Sir, We are pleased to order the Material parts listed below subject to terms, conditions and instructions, on the reverse hereof and the attachments, if any hereto. Please acknowledge your acceptance by returning the duplicate copy duly signed within one week." Thirty per cent of the amount was paid as advance. The delivery instructions contained a clause - Deliver the material at New Era House, Patalganga Factory. The purchase order mentioned that the same was subject to the terms and conditions mentioned thereon. Condition No. 17 reads as under : "17. JURISDICTION Any legal proceeding arising out of the order shall be subject to the jurisdiction of the Courts in Mumbai." According to the respondent, it dispatched the ordered materials to the appellant through M/s. Transport Corporation of India but the price thereof was not paid. The respondent M/s. Puromatic Filters Pvt. Ltd., 12, D. S. I. D. C. Scheme-II, Okhla Industrial Area, Phase-II, New Delhi, accordingly filed Suit No. 162 of 1997 in the Court of District Judge, Delhi, for recovery of Rs. 3,93,344.80 and pendente lite and future interest at the rate of 24 per cent per annum from the date of filing of the suit till the date of realization of the decretal amount. The dispute in the present appeal is regarding the territorial jurisdiction of the Court at Delhi to try the suit and para 8 of the plaint which contains the necessary averment in this regard is reproduced hereinbelow : "8. That the cause of action has arisen at Delhi as the ordered goods were delivered to the defendant through their transporters M/s. Transport Corpn. of India Ltd., the value of goods was to be paid by the defendant to the plaintiff at Delhi and as such this Honble Court is having jurisdiction to try and adjudicate upon the matter in dispute." ;