UNIMERS INDIA LIMITED Vs. IFCI LIMITED

JUDGEMENT

(1.) By this order, I propose to decide the defendant No.3's application under Order VII Rule 10 Code of Civil Procedure, 1908 seeking return of the plaint to the plaintiff for presenting in the proper Court having territorial jurisdiction, as this Court lacks territorial jurisdiction.

(2.) The facts are that the plaintiff has filed the present suit for declaration, that purported transfer evidence by deed of assignment dated 01.10.2009 executed between defendants No.1 and 3 is null and void, and mandatory injunction, thereby restraining the defendants 2 and 3 or any one from taking any action or doing or executing any acts or deeds including, but not limited to, dealing with the immovable properties or moveable assets of the plaintiff or from, in any manner whatsoever, interfering with the management of the plaintiff company by its present promoters or otherwise asserting any rights attaching to the said debentures in any manner, particularly by virtue of the transfer as evidenced by the deed of assignment dated 01.10.2009. The defendant No.3 is the Managing Director of the defendant No.2 who has taken over the debts of plaintiff from defendant No.1 by way of an instrument of Assignment of Debt between defendant No.1 and defendant No.2 executed through defendant No.3.

(3.) The main contention of defendant No.3 is that a bare reading of the plaint, along with the documents, demonstrates that this Court has no jurisdiction. Thus, under the provision of Order VII, Rule 10 CPC, the plaint is liable to be returned to be presented in the proper Court.