PRAMOD GUPTA Vs. ROMESH POWER PRODUCT PVT LTD

JUDGEMENT

(1.) BY way of the present application bearing IA No. 1837/2011, filed under Order VII Rule 11, the defendants seek rejection of the suit on the ground that this Court does not have territorial jurisdiction to entertain the same.

(2.) THE plaintiff has filed the present suit for recovery of Rs. 2,20,32,337/- (Rupees Two Crore Twenty Lac Thirty Two Thousand Three Hundred and Thirty Seven Only) against the defendants which the plaintiff claims to be due to him on account of the supply of PVC compounds to the defendant No.1 � M/s Romesh Power Product Pvt. Ltd. The defendant No.2 is the proprietor of the defendant No.1 Company.

(3.) PER contra, Mr.Niraj Kumar Singh, the counsel for the plaintiff, contended that the agreement to supply the goods was entered into at Delhi, the goods were supplied from Delhi on the terms and conditions printed on the invoices. The invoices were issued at Delhi and payments were received at Delhi, and, as such, this Court has territorial jurisdiction to entertain the present case. Counsel for the plaintiff relied upon the following precedents to support his contentions: