SPLENDOR LANDBASE LIMITED Vs. MIRAGE INFRA LIMITED

JUDGEMENT

(1.) The Appellant has preferred the present Appeal against the order dated 8th February, 2010 passed by the learned Single Judge. While disposing of the two applications being IA No.4085/2009 by the Plaintiff/Appellant herein seeking temporary injunction and IA No.4614/2009 by the Defendant/Respondent herein seeking rejection of the plaint, the learned Single Judge has returned the plaint under Order VII Rule 11 of the Code of Civil Procedure to be filed before the District Judge at Chandigarh for want of territorial jurisdiction of this Court.

(2.) Brief facts are that the parties had entered into an agreement/term sheet dated 24.9.2008 for development of land admeasuring 19,233 sq. yards (approximately 3.97 acres) situated at Plot No.68, Industrial Area, Phase-I, Chandigarh (U.T.), which was executed at New Delhi and in lieu of which part payments were also made by the Appellant to the respondent No.1 at Delhi.

(3.) Admittedly, the Respondent is a Chandigarh based company and the suit property is also situated in Chandigarh. The main conditions of the term sheet read as under: