(1.) THIS is a suit for recovery of Rs.33,09,614/-. The case of the plaintiff is that it supplied two Mini Labs to defendant No.2 on lease for a period of four years commencing from May, 1996 and ending in April, 2000. Defendant No.2 is stated to be carrying business under the name and style of defendant No.1 Jai Mahaveer Colour Lab. The combined lease rent of the two Mini Labs supplied to the defendants is alleged to be Rs.1,11,987.53p per month. It is further alleged that the defendants were required to pay a sum of Rs.14,15,847/- to the plaintiff towards security deposit and Rs.67,893/- towards lease management fee. The plaintiff has also claimed a sum of Rs.27,482/- from the defendants towards price of the spares supplied to them. The amount of total monthly rent payable by the defendants to the plaintiff is stated to be Rs.53,75,427/-. Adding the amount of security deposit, lease management fee and price of spares, the total amount comes to Rs.69,25,649/-. The case of the plaintiff is that defendants made aggregate payment of Rs.42,53,010.19p. to it on different dates, leaving a balance sum of Rs.26,72,638.81p. The plaintiff has claimed the aforesaid amount from the defendants along with interest on that amount @22% p.a., which comes to Rs.6,36,975/-, making a total sum of Rs.33,09,613.81p, rounded off to Rs.33,09,614/-.
(2.) THE defendants filed written statement contesting the suit. THEy took preliminary objections (1) that this Court has no territorial jurisdiction to try the suit and (2) that the suit is barred by limitation. On merits, it was admitted that two Mini Lab Machines were supplied to the defendants on hire purchase-cum-lease. THE period of lease, however, is alleged to be 47 months for one machine and 35 months for the other machine. It has, however, been admitted that the total lease rent was fixed at Rs.1,11,987.53p. per month. As regards security deposit, it is alleged in the written statement that the amount of security was already deposited with the plaintiff at the time the machineries were leased. As regards lease management fee, the case case of the defendants is that the plaintiff had agreed to waive that fee at the time of lease. As regards price of spares, it is claimed that the spares worth Rs.24,978/- were supplied to the defendant against which a sum of Rs.24,500/- was paid vide demand draft dated 11th March, 1998.
(3.) AS regards territorial jurisdiction of the Court, an additional affidavit has been filed today by the plaintiff which has been taken on record. It shows that the defendant No.2 had approached the plaintiff company at its registered office at 56/2, Hanuman Road, New Delhi ? 110001 and placed orders for supply of two Mini Lab Machines. The lease agreement between the parties is also stated to have been signed at the office of the plaintiff company at New Delhi. It is also stated in the additional affidavit filed by the plaintiff that the defendants used to make payment to the plaintiff company at its registered office at 56/2, Hanuman Road, New Delhi-110001. Since the order for supply of Mini Lab Machines was placed at New Delhi, lease agreement between the parties was executed at New Delhi and the payment was also to be made at New Delhi, the part of cause of action arose in the jurisdiction of this Court. Hence, Delhi Court has jurisdiction to try the present suit.