CARMEL OVERSEAS LTD Vs. STURDY INDUSTRIES LTD

JUDGEMENT

(1.) Plaintiff company has filed the present suit under summary provisions of Order 37 of the Code of Civil Procedure (hereinafter referred to as "CPC") for recovery of Rs.38,40,000/- against the defendant company based on a contract, in accordance of which it had paid US$ 80,000 vie T/T (telegraphic transfer) against the order of aluminum composite panels with due intimation vide letter dated 8th November, 2005. Since defendant did not deliver the goods, hence this suit for recovery of the advance paid.

(2.) Defendant put in appearance, on receipt of summons for appearance, on 19th April, 2009. Thereafter summons for judgment were served upon the defendant and it filed leave to defend application being IA No.12874/2009. This application was dismissed on 7th October, 2009, for non-appearance on behalf of the defendant. Thereafter on an application of the defendant for restoration of the said IA, the application was restored vide detailed order dated 2nd July, 2010.

(3.) The said application has been duly contested by the plaintiff. Foremost objection of the defendant is that this Court has no territorial jurisdiction to entertain the present suit.